UBRAKY 

Of  THE 

UNIVERSITY  OF  ILLINOIS. 


SENATE  BILL 


No.  905 


INTRODUCED  BY  SENATOR  BOYNTON, 


January  28,  1913. 


Referred  to  Committee  on  Labor  and  Capital. 


AN  ACT 


To  Promote  the  General  Welfare  of  the  People  of  This  State 
by  Creating  and  Enforcing  a Liability  on  the  Part  of 
Employers  to  Compensate  Their  Employees,  and  the  De- 

. PENDENTS  OF  SUCH  EMPLOYEES,  FOR  ACCIDENTAL  INJURY  OR 

Death  in  the  Course  of  the  Employment,  Irrespective  of 


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the  Fault  of  Either  Party  and  to  Provide  for  the  Settle- 
ment of  Disputes  by  the  Industrial  Accident  Commission; 
by  Creating  a “State  Compensation  Insurance  Fund”  to 
Insure  Employers  Against  Such  Liability  and  Providing 
for  Its  Administration;  by  Requiring  Safety  in  all  Em- 
ployments and  Places  of  Employment  in  This  State  to  Be 
Safe  and  Providing  the  Means  and  Methods  of  Enforcing 
Such  Safety;  to  Require  Reports  of  Industrial  Accidents; 
to  Provide  Penalties  for  Offenses  by  Employers,  Their 
Officers,  Agents,  and  by  Employees  and  Other  Persons  and 
Corporations;  to  Change  the  Name  of  the  Industrial  Acci- 
dent Board  to  Industrial  Accident  Commission;  to  Provide 
for  Its  Organization,  Define  Its  Powers  and  Duties  and 
Provide  for  a Review  of  Its  Orders,  Decisions  and  Awards, 
and  Appropriating  Moneys  to  Carry  Out  the  Provisions  of 


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This  Act  and  Also  Repealing  All  Acts  and  Parts  of  Acts 
Inconsistent  With  the  Provisions  of  This  Act. 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  This  act  shall  be  known,  and  may  be  cited,  as 
the  “Workmen’s  compensation,  insurance  and  safety  act”  and 
shall  apply  to  the  subject  mentioned  in  its  title. 

Sec.  2.  The  following  terms  as  used  in  this  act  shall,  unless 
a different  meaning  is  plainly  required  by  the  context,  be  con- 
strued as  follows : 

(1)  The  term  “commission”  means  the  industrial  accident 
commission  of  the  State  of  California. 

(2)  The  term  “commissioner”  means  one  of  the  members  of 
the  commission. 

(3)  The  term  “compensation”  means  compensation  under 
this  act  and  includes  every  benefit  or  payment  conferred  by  the 
act  upon  an  injured  employee,  or  in  the  event  of  his  death, 
upon  his  dependents,  without  regard  to  negligence. 

(4)  The  term  “damages”  means  the  recovery  allowed  in  an 
action  at  law  as  contrasted  with  compensation  under  this  act. 

(5)  The  term  “person”  includes  an  individual,  firm,  volun- 
tary association  or  a corporation. 

(6)  The  term  “insurance  carrier”  includes  the  state  com- 
pensation insurance  fund  herein  created  and  any  private  com- 
pany, corporation  or  mutual  association  authorized  under  the 
laws  of  this  state  to  insure  against  liability  for  compensation 
under  this  act. 

(7)  Wherever  in  this  act  the  singular  is  used ‘the  plural 
shall  be  included;  where  the  masculine  gender  is  used,  the 
feminine  and  neuter  shall  be  included. 

Sec.  3.  The  industrial  accident  board  of  this  state  shall 
hereafter  be  known  as  the  industrial  accident  commission  and 
shall  consist  of  three  members  who  shall  be  appointed  by  the 
governor  from  the  state  at  large  by  and  with  the  advice  and 
consent  of  the  senate ; provided,  that  the  members  of  the  indus- 
trial accident  board  holding  office  when  this  act  goes  into  effect 
shall  continue  to  hold  office  as  members  of  the  industrial  acci- 


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1 dent  commission  during  the  terms  for  which  they  were  sever- 

2 ally  appointed  as  members  of  the  industrial  accident  board. 

3 Thereafter,  the  term  of  office  of  each  commissioner  shall  be 

4 four  years.  Vacancies  shall  be  filled  by  appointment  in  the 

5 same  manner  for  the  unexpired  terms.  Each  commissioner  shall 

6 receive  an  annual  salary  of  three  thousand  six  hundred  dollars 

7 and  shall  devote  his  entire  time  to  the  service  of  the  state  in 

8 performing  the  duties  required  of  him  under  this  act. 

9 Sec.  4.  The  commission  shall  organize  by  choosing  one  of 

10  its  members  as  chairman.  A majority  of  the  commission  shall 

11  constitute  a quorum  for  the  transaction  of  any  business,  for  the 

12  performance  of  any  duty,  or  for  the  exercise  of  any  power  or 

13  authority  of  the  commission.  A vacancy  on  the  commission  shall 

14  not  impair  the  right  of  the  remaining  members  to  perform  all 

15  the  duties  and  exercise  all  the  power  and  authority  of  the 

16  commission.  The  act  of  the  majority  of  the  commission,  when 

17  in  session  as  a commission,  shall  be  deemed  to  be  the  act  of  the 

18  commission,  but  any  investigation,  inquiry  or  hearing,  which 

19  the  commission  has  power  to  undertake  or  to  hold,  may  be 

20  undertaken  or  held  by  or  before  any  member  thereof  or  any 

21  referee  appointed  by  the  commission  for  that  purpose,  and 

22  every  finding,  order,  decision,  or  award  made  by  any  com- 

23  missioner  or  referee,  pursuant  to  such  investigation,  inquiry 

24  or  hearing,  when  approved  and  confirmed  by  the  commission 

25  and  ordered  filed  in  its  office,  shall  be  deemed  to  be  the  finding, 

26  order,  decision  or  award  of  the  commission. 

27  Sec.  5.  The  commission  shall  have  a seal,  bearing  the  fol- 

28  lowing  inscription:  “ Industrial  accident  commission  State  of 

29  California  seal.”  The  seal  shall  be  affixed  to  all  writs  and 

30  authentications  of  copies  of  records  and  to  such  other  instru- 

31  ments  as  the  commission  shall  direct.  All  courts  shall  take 

32  judicial  notice  of  said  seal. 

33  Sec.  6.  The  commission  shall  keep  its  principal  office  in  the 

34  'city  and  county  of  San  Francisco,  and  shall  also  keep  an  office 

35  in  the  city  of  Los  Angeles,  and  shall  provide  itself  with  suit- 

36  able  rooms,  necessary  office  furniture,  stationery,  and  other  • 


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supplies.  For  the  purpose  of  holding  sessions  in  other  places, 
the  commission  shall  have  power  to  rent  temporary  quarters. 

Sec.  7.  The  commission  shall  have  full  power  and 
authority : 

( a ) To  appoint  as  its  attorney  an  attorney-at-law  of  this 
state,  who  shall  hold  office  at  the  pleasure  of  the  commission.  It 
shall  be  the  right  and  the  duty  of  the  attorney  to  represent  and 
appear  for  the  people  of  the  State  of  California  and  the  com- 
mission in  all  actions  and  proceedings  involving  any  question 
under  this  act  or  under  any  order  or  act  of  the  commission  and, 
if  directed  so  to  do  by  the  commission,  to  intervene,  if  possible, 
in  any  action  or  proceeding  in  which  any  such  question  is 
involved;  to  commence,  prosecute  and  expedite  the  final  deter- 
mination of  all  actions  or  proceedings,  civil  or  criminal, 
directed  or  authorized  by  the  commission ; to  advise  the  com- 
mission and  each  member  thereof,  when  so  requested,  in  regard 
to  all  matters  in  connection  with  the  jurisdiction,  powers  or 
duties  of  the  commission  and  members  thereof ; and  generally 
to  perform  all  duties  and  services  as  attorney  to  the  commission 
which  may  be  required  of  him. 

( b ) To  appoint,  and  it  shall  appoint,  a secretary,  who  shall 
hold  office  at  the  pleasure  of  the  commission.  It  shall  be  the 
duty  of  the  secretary  to  keep  a full  and  true  record  of  all  the 
proceedings  of  the  commission,  to  issue  all  necessary  processes, 
writs,  warrants  and  notices  which  the  commission  is  required 
or  authorized  to  issue,  and  generally  to  perform  such  other 
duties  as  the  commission  may  prescribe.  The  commission  may 
also  appoint  such  assistant  secretaries  as  may  be  necessary  and 
such  assistant  secretaries  may  perform  any  duty  of  the  secre- 
tary, when  so  directed  by  the  commission. 

(c)  To  appoint  a manager  of  the  state  compensation  insur- 
ance fund  who  shall  hold  office  at  the  pleasure  of  the  commis- 
sion. It  shall  be  the  duty  of  such  manager  to  manage,  super- 
vise and  conduct,  subject  to  the  general  direction  and  approval 
of  the  commission,  the  business  and  affairs  of  the  state  com- 
pensation insurance  fund  and  to  perform  such  other  duties 
as  the  commission  may  prescribe.  Before  entering  on  the 


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duties  of  his  office,  he  must  give  an  official  bond  in  the  sum 
of  $25,000,  and  take  and  subscribe  to  an  official  oath.  Said 
bond  must  be  approved  by  the  commission,  by  written  endorse- 
ment thereon,  and  be  filed  in  the  office  of  the  secretary  of  state. 

( d ) To  appoint  a superintendent  of  the  department  of 
safety,  who  shall  be  a technically-trained  mechanical  engineer 
who  shall  hold  office  at  the  pleasure  of  the  commission  and  who 
shall  perform  such  duties  as  the  commission  shall  prescribe. 

(e)  To  employ  such  other  officers,  experts,  statisticians, 
actuaries,  accountants,  inspectors,  referees  and  other  employees, 
as  it  may  deem  neee  sary  to  carry  out  the  provisions  of  this  act, 
or  to  perform  the  duties  and  exercise  the  powers  conferred  by 
law  upon  the  commission. 

Sec.  8.  All  officers  and  employees  of  the  commission  shall 
receive  such  compensation  for  their  services  as  may  be  fixed 
by  the  commission  and  shall  hold  office  at  the  pleasure  of  the 
commission  and  shall  perform  such  duties  as  are  imposed  on 
them  by  law  or  by  the  commission.  The  members  of  the  com- 
mission, its  attorney,  secretary  and  assistant  secretary,  shall 
be  civil  executive  officers  and  their  salaries  as  fixed  by  law  or 
the  commission  shall  be  paid  in  the  same  manner  as  are  the 
salaries  of  other  state  offices.  The  salary  or  compensation 
of  every  other  person  holding  office  or  employment  under  the 
commission  as  fixed  by  law  or  by  the  commission  shall  be  paid 
monthly  from  the  funds  appropriated  for  the  use  of  the  com- 
mission, after  being  approved  by  the  commission  upon  claims 
therefor,  to  be  audited  by  the  board  of  control.  All  expenses 
incurred  by  the  commission  pursuant  to  the  provisions  of  this 
act,  including  the  actual  and  necessary  traveling  and  other 
expenses  and  disbursements  of  the  members  thereof,  its  officers 
and  employees,  incurred  while  on  business  of  the  commission, 
either  within  or  without  the  state,  shall,  unless  otherwise  pro- 
vided in  this  act,  be  paid  from  the  funds  appropriated  for  the 
use  of  the  commission,  after  being  approved  by  the  commission, 
upon  claims  therefor  to  be  audited  by  the  board  of  control; 
provided,  however , that  no  such  expenses  incurred  outside  of 


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the  state  shall  be  allowed  unless  prior  authorization  therefor  be 
obtained  from  the  board  of  control. 

Sec.  9.  In  all  cases  in  which  salaries,  expenses  or  outgoings 
of  one  department  of  service  under  the  jurisdiction  of  the 
industrial  accident  commission  are  expended  in  whole  or  in 
part  on  behalf  of  another  department  of  such  service,  the  com- 
mission may  apportion  the  cost  of  such  service  to  the  depart- 
ment for  whose  benefit  it  is  rendered  and,  from  time  to  time, 
transfer  from  the  account  of  one  department  to  the  other  such 
sums  as,  in  its  judgment,  are  necessary  to  effect  an  equitable 
adjustment  of  its  funds  between  such  departments  and  shall 
certify  such  transfers  to  the  board  of  control,  controller  and 
treasurer  of  the  state. 

Sec.  10.  The  commission  shall  cause  to  be  printed  and 
furnished  free  of  charge  to  any  employer  or  employee,  or  other 
person,  such  blank  forms  as  it  shall  deem  requisite  to  facilitate 
or  promote  the  efficient  administration  of  this  act;  it  shall  pro- 
vide a book  in  which  shall  be  entered  the  minutes  of  all  its 
proceedings,  a book  in  which  shall  be  recorded  all  awards  made 
by  the  commission  and  such  other  books  or  records  as  it  shall 
deem  required  for  the  proper  and  efficient  administration  of 
this  act;  all  such  records  to  be  kept  in  the  office  of  the  com- 
mission. 

Sec.  11.  The  commission  shall  also  have  power  and 
authority : 

(a)  To  charge  and  collect  the  following  fees  for  copies  of 

papers  and  records  not  required  to  be  certified  or  otherwise 
authenticated  by  the  commission,  ten  cents  for  each  folio;  for 
certified  copies  of  official  documents  and  orders  filed  in  its 
office,  fifteen  cents  for  each  folio;  for  certified  copies  of  the 
evidence  taken  on  proceedings  had,  fifteen  cents  for  each  folio.  » 

(b)  To  publish  and  distribute  in  its  discretion  from  time  to 
time,  in  addition  to  its  annual  report  to  the  governor  of  the 
state,  such  further  reports  and  pamphlets  covering  its  opera- 
tions, proceedings  and  matters  relative  to  its  work  as  may  be 
of  value. 


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(c)  To  fix  and  collect  reasonable  charges  for  publications 
issued  under  its  authority. 

id)  The  fees  charged  and  collected  under  this  section  shall 
be  paid  monthly  into  the  treasury  of  the  state  to  the  credit  of 
the  “industrial  accident  fund”  and  shall  be  accompanied  by  a 
detailed  statement  thereof. 

Sec.  12.  (a)  Liability  for  the  compensation  provided  by 

this  act,  in  lieu  of  any  other  liability  whatsoever,  shall,  without 
regard  to  negligence,  exist  against  an  employer  for  any  per- 
sonal injury  accidentally  sustained  by  his  employees,  and  for 
the  death  of  any  such  employee  if  the  injury  shall  proximately 
cause  death,  in  those  cases  where  the  following  conditions  of 
compensation  concur : 

1.  Where,  at  the  time  of  the  accident,  both  the  employer  and 
employee  are  subject  to  the  compensation  provisions  of  this  act. 

2.  Where,  at  the  time  of  the  accident,  the  employee  is  per- 
forming service  growing  out  of  and  incidental  to  his  employ- 
ment and  is  acting  within  the  line  of  his  duty  and  course  of 
his  employment  as  such. 

3.  Where  the  injury  is  proximately  caused  by  accident, 
either  with  or  without  negligence,  and  is  not  so  caused  by  the 
wilful  misconduct  of  the  employee. 

(b)  Where  such  conditions  of  compensation  exist  for  any 
personal  injury  or  death,  the  right  to  the  recovery  of  such 
compensation  pursuant  to  the  provisions  of  this  act,  and  acts 
amendatory  thereof,  shall  be  the  exclusive  remedy  against  the 
employer  for  such  injury  or  death,  except  that  when  the  injury 
wras  caused  by  the  employer ’s  personal  gross  negligence,  wilful 
personal  misconduct  or  wilful  violation  of  any  statute  designed 
for  the  protection  of  employees,  and  such  act  or  failure  to  act 
causing  such  injury  was  the  personal  act  or  failure  to  act  on 
the  part  of  the  employer  himself,  or  if  the  employer  be  a 
partnership,  on  the  part  of  one  of  the  partners,  or  if  a cor- 
poration, on  the  part  of  an  elective  officer  or  officers  thereof, 
and  if  such  act  or  failure  to  act  indicated  a wilful  disregard 
of  the  life,  limb,  or  bodily  safety  of  employees,  any  such 


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injured  employee  may,  at  his  option,  either  claim  compensation 
under  this  act  or  maintain  an  action  at  law  for  damages. 

(c)  In  all  other  cases  where  the  conditions  of  compensation 
do  not  concur,  the  liability  of  the  employer  shall  be  the  same 
as  if  this  act  had  not  been  passed. 

Sec.  13.  The  term  “employer”  as  used  in  this  part  of  this 
act  shall  be  construed  to  mean:  The  state,  and  each  county, 
city  and  county,  city,  school  district  and  all  public  corporations 
therein,  and  every  person,  firm,  voluntary  association,  and 
private  corporation,  (including  any  public  service  corporation) 
who  has  any  person  in  service  under  any  appointment  or  con- 
tract of  hire,  or  appreticeship,  express  or  implied,  oral  or 
written,  and  the  legal  representatives  of  any  deceased  em- 
ployer. 

Sec.  14.  The  term  “employee”  as  used  in  this  part  of  this 
act  shall  be  construed  to  mean : Every  person  in  the  service 
of  an  employer  as  defined  by  this  act  under  any  appointment 
or  contract  of  hire  or  apprenticeship,  express  or  implied,  oral 
or  written,  including  aliens  and  also  including  minors,  but 
excluding  any  person  whose  employment  is  but  casual  and  not 
in  the  usual  course  of  the  trade,  business,  profession  or  occupa- 
tion of  his  employer,  and  also  excluding  any  officer  or  enlisted 
man  in  the  naval  or  military  service  of  the  state  and  also  any 
official  of  the  state,  or  of  any  county,  city  and  county,  city, 
school  district  or  any  public  corporation  therein,  who  shall 
have  been  elected  or  appointed  for  a regular  term  of  one  or 
more  years,  or  to  complete  the  unexpired  portion  of  any  such 
regular  term. 

Sec.  15.  Where  liability  for  compensation  under  this  act 
exists  such  compensation  shall  be  furnished  or  paid  by  the 
employer  and  be  as  provided  in  the  following  schedule : 

(a)  Such  medical,  surgical  and  hospital  treatment,  including 
nursing,  medicines,  medical  and  surgical  supplies,  crutches  and 
apparatus,  as  may  reasonably  be  required  at  the  time  of  the 
injury  and  thereafter,  but  not  exceeding  six  month,  to  cure  and 
relieve  from  the  effects  of  the  injury,  the  same  to  be  provided 
by  the  employer,  and  in  case  of  his  neglect  or  refusal  season- 


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ably  to  do  so,  the  employer  to  be  liable  for  the  reasonable 
expense  incurred  by  or  on  behalf  of  the  employee  in  providing’ 
the  same. 

(6)  1.  If  the  accident  causes  disability,  a disability  indem- 
nity which  shall  be  payable  in  advance  as  wages  on  the  fifteenth 
day  after  the  injured  employee  leaves  work  as  a result  of  the 
injury,  and  thereafter  on  the  employer’s  regular  payday,  but 
not  less  frequently  than  twice  in  each  calendar  month,  unless 
otherwise  ordered  by  the  commission,  subject,  however,  to  the 
following  limitations : 

(1)  If  the  period  of  disability  does  not  last  longer  than 
two  weeks  from  the  day  the  employee  leaves  work  as  the  result 
of  the  accident,  no  disability  indemnity  whatever  shall  be  recov- 
erable. 

(2)  If  the  period  of  disability  lasts  longer  than  two  weeks 
from  the  day  the  employee  leaves  work  as  the  result  of  the  acci- 
dent, no  disability  indemnity  shall  be  recoverable  for  the  first 
two  weeks  of  such  disability. 

2.  The  disability  indemnity  payable  shall  be  as  follows : 

(1)  If  the  accident  causes  temporary  total  disability,  sixtv- 
five  per  cent  of  the  average  weekly  earnings  during  the  period 
of  such  disability; 

(2)  If  the  accident  causes  temporary  partial  disability, 
sixty-five  per  cent  of  the  weekly  loss  in  wages  during  the  period 
of  such  disability ; 

(3)  If  the  temporary  disability  caused  by  the  accident  is 
at  times  total  and  at  times  partial,  the  weekly  disability  indem- 
nity during  the  periods  of  each  such  total  or  partial  disability 
shall  be  in  accordance  with  subdivisions  (1)  and  (2)  hereof, 
respectively ; 

(4)  Subdivisions  (1),  (2)  and  (3)  hereof  shall  be  limited  as 
follows : Aggregate  disability  indemnity  for  a single  injury 
causing  temporary  disability  shall  not  exceed  three  times  the 
average  annual  earnings  of  the  employee,  nor  shall  the  aggre- 
gate disability  period  for  such  injury  in  any  event  extend 
beyond  two  hundred  forty  weeks  from  the  date  of  the  accident. 

(5)  If  the  accident  causes  permanent  disability,  the  per- 


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centage  of  disability  to  total  disability  shall  be  determined  and 
the  disability  indemnity  computed  as  follows:  For  a ten  per 
cent  disability,  sixty-five  per  cent  of  the  weekly  wages  for  a 
period  of  forty  weeks;  for  a twenty  per  cent  disability,  sixty- 
five  per  cent  of  the  weekly  wages  for  a period  of  eighty  weeks ; 
for  a thirty  per  cent  disability,  sixty-five  per  cent  of  the  weekly 
wages  for  a period  of  one  hundred  twenty  weeks;  for  a forty 
per  cent  disability,  sixty-five  per  cent  of  the  weekly  wages  for 
a period  of  one  hundred  sixty  weeks;  for  a fifty  per  cent  dis- 
ability, sixty-five  per  cent  of  the  weekly  wages  for  a period  of 
two  hundred  weeks;  for  a sixty  per  cent  disability,  sixty-five 
per  cent  of  the  weekly  wages  for  a period  of  two  hundred  forty 
weeks ; for  a seventy  per  cent  disability,  sixty-five  per  cent  of 
the  weekly  wages  for  a period  of  two  hundred  forty  weeks,  and 
thereafter  ten  per  cent  of  such  weekly  wages  during  the 
remainder  of  the  life  of  such  injured  employee;  for  an  eighty 
per  cent  disability,  sixty-five  per  cent  of  the  weekly  wages 'for 
a period  of  two  hundred  forty  weeks,  and  thereafter  twenty 
per  cent  of  such  weekly  wages  during  the  remainder  of  the  life 
of  such  injured  employee ; for  a ninety  per  cent  disability,  sixty- 
five  per  cent  of  the  weekly  wages  for  a period  of  two  hundred 
forty  weeks  and  thereafter  thirty  per  cent  of  such  weekly  wages 
during  the  remainder  of  the  life  of  such  injured  employee ; for 
a hundred  per  cent  disability,  sixty-five  per  cent  of  the  weekly 
wages  for  a period  of  two  hundred  forty  weeks  and  thereafter 
forty  per  cent  of  such  weekly  wages  during  the  remainder  of 
the  life  of  such  injured  employee. 

(6)  The  indemnity  for  permanent  disabilities  interme- 
diate to  those  fixed  by  the  foregoing  schedule  shall  be  computed 
as  follows : If  under  seventy  per  cent,  sixty-five  per  cent  of  the 
wages  for  four  wTeeks  for  each  one  per  cent  of  disability;  if 
seventy  per  cent  or  over,  sixty-five  per  cent  of  the  wages  for 
two  hundred  forty  weeks  and  thereafter  a life  pension  of  one 
per  cent  of  the  wages  for  each  one  per  cent  of  disability  in 
excess  of  sixty  per  cent. 

(7)  In  determining  the  percentages  of  permanent  disability, 
account  shall  be  taken  of  the  nature  of  the  physical  injury  or 


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disfigurement,  the  occupation  of  the  injured  employee  and  his 
age  at  the  time  of  such  injury. 

(8)  Nothing  contained  in  the  foregoing  schedule  of  perma- 
nent disability  shall  be  held  to  limit  the  right  of  an  employee, 
who  may  be  permanently  disabled,  to  recover  the  indemnity 
fixed  for  temporary  disability  during  any  period  of  total  or 
partial  incapacity  resulting  from  the  injury  causing  the  per- 
manent disability  and  extending  beyond  the  indemnity  period 
fixed  for  the  permanent  disability  suffered. 

(9)  The  following  permanent  disabilities  shall  be  conclu- 
sively presumed  to  be  total  in  character:  Loss  of  both  eyes  or 
the  sight  thereof ; loss  of  both  hands  or  the  use  thereof ; an 
injury  resulting  in  a practically  total  paralysis;  an  injury  to 
the  brain  resulting  in  incurable  imbecility  or  insanity.  In  all 
other  cases,  permanent  total  disability  shall  be  determined  in 
accordance  with  the  fact. 

3.  The  death  of  the  injured  employee  shall  not  affect  the 
obligations  of  the  employer  under  subsections  (a)  and  (b) 
hereof,  so  far  as  such  liability  have  accrued  and  become  payable 
at  the  date  of  the  death,  and  any  accrued  and  unpaid  com- 
pensation shall  be  paid  to  the  dependents,  if  any,  without 
administration,  or  if  there  are  no  dependents,  to  the  personal 
representatives  of  the  deceased  employee  or  other  person 
entitled  thereto,  but  such  death  shall  be  deemed  to  be  the  ter- 
mination of  the  disability. 

(c)  If  the  accident  causes  death,  either  with  or  without  dis- 
ability, a death  benefit  which  shall  be  payable  in  installments 
equal  to  sixty-five  per  cent  of  the  average  weekly  earnings  of 
the  deceased  employee,  upon  the  employer’s  regular  pay-day, 
but  not  less  frequently  than  twice  in  each  calendar  month, 
unless  otherwise  ordered  by  the  commission  and  which  death 
benefit  shall  be  as  follows : 

1.  In  case  the  deceased  employee  leaves  a person  or  persons 
wdiolly  dependent  upon  him  for  support,  the  death  benefit  shall 
be  a sum  sufficient,  when  added  to  the  disability  indemnity 
which  shall  at  the  time  of  death  have  accrued  and  become  pay- 
able under  the  provisions  of  subsection  ( b ) hereof,  to  make  the 


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total  disability  indemnity  and  death  benefit  equal  to  three 
times  his  average  annual  earnings,  such  annual  earnings  to  be 
taken  at  not  less  than  three  hundred  and  thirty-three  dollars 
and  thirty-three  cents  nor  more  than  one  thousand  six  hundred 
and  sixty-six  dollars  and  sixty-six  cents. 

2.  In  case  the  deceased  employee  leaves  no  person  wholly 
dependent  upon  him  for  support,  but  one  or  more  persons  par- 
tially dependent  therefor,  the  death  benefit  shall  be  such  per- 
centage of  three  times  such  average  annual  earnings  of  the 
employee  as  the  annual  amount  devoted  by  the  deceased  to  the 
support  of  the  person  or  persons  so  partially  dependent  bears 
to  such  average  annual  earnings ; provided,  that  the  death  bene- 
fit shall  not  be  greater  than  a sum  sufficient,  when  added  to  the 
disability  indemnity  which  shall,  at  the  time  of  the  death,  have 
accrued  and  become  payable  under  the  provisions  of  subsection 
(6)  hereof  to  make  the  total  disability  indemnity  and  death 
benefit  equal  to  three  times  his  average  annual  earnings,  such 
average  annual  earnings  to  be  taken  at  not  less  than  three  hun- 
dred and  thirty-three  dollars  and  thirty-three  cents  nor  more 
than  one  thousand  six  hundred  and  sixty-six  dollars  and  sixty- 
six  cents. 

3.  If  the  deceased  employee  leaves  no  person  dependent  upon 
him  for  support,  the  death  benefit  shall  consist  of  the  reason- 
able expenses  of  his  burial  not  exceeding  one  hundred  dollars 
and  such  further  death  benefit  as  may  be  provided  by  law. 

(d)  Payment  of  the  compensation  in  accordance  with  the 
order  and  direction  of  the  commission  shall  discharge  the 
employer  from  all  other  claims  therefor. 

Sec.  16.  (a)  Unless  compensation  is  paid  or  an  agreement 

for  its  payment  made  within  the  periods  limited  in  this  section 
for  the  institution  of  proceedings  for  its  collection,  the  right  to 
institute  such  proceedings  shall  be  wholly  barred. 

( b ) The  periods  for  the  institution  of  proceedings  for  the 
collection  of  compensation  are  as  follows : 

1.  Proceedings  for  the  collection  of  the  benefit  provided  by 
subsection  (a)  of  section  fifteen  of  the  disability  indemnity  pro- 


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vided  by  subsection  (6)  of  said  section  15  must  be  commenced 
within  one  year  from  the  date  of  the  accident. 

2.  Proceedings  for  the  collection  of  the  death  benefit  pro- 
vided by  subsection  (c)  of  said  section  15  must  be  commenced 
within  one  year  from  the  date  of  death,  and  in  any  event  within 
two  hundred  forty  weeks  from  the  date  of  the  accident,  and 
can  only  be  maintained  when  it  appears  that  death  ensued 
within  one  year  from  the  date  of  the  accident,  or  that  the  acci- 
dent causing  death  also  caused  disability,  which  continued  to 
the  date  of  the  death  and  for  which  a disability  indemnity  was 
paid,  or  an  agreement  for  its  payment  made,  or  proceedings  for 
its  collection  instituted  within  the  time  limited  for  the  com- 
mencement of  proceedings  for  the  recovery  of  the  disability 
indemnity. 

(c)  The  payment  of  the  disability  indemnity  or  death  bene- 
fit, or  any  part  thereof  or  agreement  therefor,  shall  have  the 
effect  of  extending  the  period  within  which  proceedings  for 
its  collection  may  be  instituted  for  one  year  from  the  date  of 
the  agreement  or  last  payment  of  such  disability  indemnity  or 
death  benefit  or  any  part  thereof. 

(d)  If  an  in jured  employee,  or  in  the  case  of  his  death,  one  or 
more  of  his  dependents,  shall  be  a minor  or  incompetent  at  any 
time  when  any  right  or  privilege  accrues  to  such  person  under 
the  provisions  of  this  act,  a general  guardian,  appointed  by  the 
court  or  a guardian  ad  litem  or  trustee  appointed  by  the  com- 
mission may,  on  behalf  of  any  such  person,  claim  and  exercise 
any  such  right  or  privilege  with  the  same  force  and  effect  as 
if  no  such  disability  existed;  and  no  limitation  of  time  pro- 
vided by  this  act  shall  run  against  any  such  minor  or  incom- 
petent unless  and  until  such  guardian  or  trustee  is  appointed. 

(e)  No  compensation  shall  be  payable  in  respect  of  the  death 
or  disability  Qf  an  employee  if  his  death  is  caused,  or  if  and  so 
far  as  his  disability  is  caused,  continued,  or  aggravated,  by  an 
unreasonable  refusal  to  submit  to  medical  treatment,  or  to  any 
surgical  treatment  the  risk  of  which  is,  in  the  opinion  of  the 
commission,  inconsiderable  in  view  of  the  seriousness  of  the 
injury. 


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(/)  The  fact  that  an  employee  has  suffered  a previous  dis- 
ability, or  receives  compensation  therefor,  shall  not  preclude 
him  from  compensation  for  a later  injury,  or  for  death  result- 
ing therefrom,  but  in  determining  compensation  for  the  later 
injury,  or  death  resulting  therefrom,  his  average  annual  earn- 
ings shall  be  such  sum  as  will  reasonably  represent  his  annual 
earning  capacity  at  the  time  of  the  later  injury. 

(p)  Any  payment,  allowance  or  benefit  received  by  the 
injured  employee  during  the  period  of  his  incapacity,  or  by 
his  dependents,  in  the  event  of  his  death,  which  by  the  terms  of 
this  act  was  not  due  and  payable  when  made,  or  when  there  is 
any  dispute  or  question  concerning  the  right  to  compensation, 
shall  not,  in  the  absence  of  any  agreement,  be  construed  to  be 
an  admission  of  liability  for  compensation  on  the  part  of  the 
employer,  or  the  acceptance  thereof  as  a waiver  of  any  right 
or  claim  which  the  employee  or  his  dependents  may  have 
against  the  employer,  but  any  such  payment,  allowance  or 
benefit  may  be  taken  into  account  by  the  commission  in  fixing 
the  amount  of  the  compensation  to  be  paid. 

Sec.  17.  (a)  The  average  weekly  earning  referred  to  in 

section  15  hereof  shall  be  one  fifty-second  of  the  average  annual 
earnings  of  the  employee ; in  computing  such  earnings  his  aver- 
age annual  earnings  shall  not  be  taken  at  less  than  three  hun- 
dred and  thirty-three  dollars  and  thirty-three  cents,  nor  more 
than  one  thousand  six  hundred  and  sixty-six  dollars  and  sixty- 
six  cents  and  between  said  limits  shall  be  arrived  at  as  follows : 

1.  If  the  injured  employee  has  worked  in  the  same  employ- 
ment, whether  for  the  same  employer  or  not,  during  substan- 
tially the  whole  of  the  year  immediately  preceding  his  injury, 
his  average  annual  earnings  shall  consist  of  three  hundred  times 
the  average  daily  earnings,  wage  or  salary  which  he  earned  as 
such  employee  during  the  days  when  so  employed. 

2.  If  the  injured  employee  has  not  so  worked  in  such  em- 
ployment during  substantially  the  whole  of  such  immediately 
preceding  year,  his  average  annual  earnings  shall  consist  of 
three  hundred  times  the  average  daily  earnings,  wage  or 
salary  which  an  employee  of  the  same  class,  working  substan- 


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tially  the  whole  of  such  immediately  preceding  year,  in  the 
same  or  a similar  kind  of  employment,  in  the  same  or  a neigh- 
boring place,  earned  during  the  days  when  so  employed. 

3.  In  every  case  where  the  foregoing  methods  of  arriving 
at  the  average  annual  earnings  of  the  injured  employee  can- 
not reasonably  and  fairly  be  applied  by  reason  of  the  fact 
that  he  was  employed  during  such  immediately  preceding 
year  in  different  kinds  and  classes  of  employment,  in  the 
same  or  a different  place,  or  otherwise,  such  annual  earnings 
shall  be  taken  at  such  sum  as,  having  regard  to  the  previous 
earnings  of  the  injured  employee,  and  of  other  employees  of 
the  same  or  most  similar  class,  working  in  the  same  or  most 
similar  employment,  in  the  same  or  neighboring  locality,  shall 
reasonably  represent  the  average  earning  capacity  of  the 
injured  employee  at  the  time  of  the  injury  in  the  kind  of 
employment  in  which  he  was  then  working,  or  in  any  employ- 
ment similar  thereto. 

(5)  In  determining  such  average  weekly  earnings,  there 
shall  be  included  the  market  value  of  board,  lodging,  fuel  and 
other  advantages  received  by  the  injured  employee,  as  part 
of  his  remuneration  and  which  can  be  estimated  in  money,  but 
such  average  weekly  earnings  shall  not  include  any  sum 
which  the  employer  paid  to  the  injured  employee  to  cover 
any  special  expenses  entailed  on  him  by  the  nature  of  his 
employment. 

(c)  If  the  injured  employee  is  a minor,  and  his  incapacity, 
whether  total  or  partial,  is  permanent,  his  average  weekly 
earnings  shall  be  deemed,  within  the  limits  fixed,  to  be  the 
weekly  sum,  that  under  ordinary  circumstances  he  would 
probably  be  able  to  earn  after  attaining  the  age  of  twenty- 
one  years,  if  he  had  not  been  injured. 

Sec.  18.  The  weekly  loss  in  wages  referred  to  in  section  15 
hereof  shall  consist  of  the  difference  between  the  average 
weekly  earnings  of  the  injured  employee,  computed  accord- 
ing to  the  provisions  of  said  section,  and  the  weekly  amount 
which  the  injured  employee,  in  the  exercise  of  reasonable 
diligence,  will  probably  be  able  to  earn,  the  same  to  be  fixed 


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as  of  the  time  of  the  accident,  except  as  otherwise  provided 
in  subsection  (c)  of  section  17,  but  to  be  determined  in  view 
of  the  nature  and  extent  of  the  injury.  In  computing  such 
probable  earnings  due  regard  shall  be  had  to  the  ability  of 
the  injured  employee  to  compete  in  an  open  labor  market. 

Sec.  19.  (a)  The  following  shall  be  conclusively  presumed 

to  be  wholly  dependent  for  support  upon  a deceased  employee : 

1.  A wife  upon  a husband  with  whom  she  was  living  at  the 
time  of  his  death. 

2.  A husband  upon  a wife  upon  whose  earnings  he  is  par- 
tially or  wholly  dependent  at  the  time  of  her  death. 

3.  A child  or  children  under  the  age  of  eighteen  years  (or 
over  said  age,  but  physically  or  mentally  incapacitated  from 
earning)  upon  the  parent  with  whom  he  or  they  are  living 
at  the  time  of  the  death  of  such  parent,  or  for  whose  mainte- 
nance such  parent  was  legally  liable  at  the  time  of  his  death, 
there  being  no  surviving  dependent  parent.  In  case  there  is 
more  than  one  child  thus  dependent,  the  death  benefit  shall 
be  divided  among  them  in  proportion  to  their  respective  needs. 

(6)  In  all  other  cases,  questions  of  entire  or  partial  de- 
pendency shall  be  determined  in  accordance  with  the  fact,  as 
the  fact  may  be  at  the  time  of  the  death  of  the  employee,  and 
if  there  is  more  than  one  person  wholly  dependent,  the  death 
benefit  shall  be  divided  among  them  and  persons  partially 
dependent,  if  any,  shall  receive  no  part  thereof,  and  if  there 
is  more  than  one  person  partially  dependent,  the  death  benefit 
shall  be  divided  among  them  according  to  the  relative  extent 
of  their  dependency.  k 

(c)  No  person  shall  be  considered  a dependent  of  any  de- 
ceased employee  unless  a member  of  the  family  of  such  employee 
or  unless  such  person  bears  to  such  employee  the  relation  of 
husband  or  wife,  child,  adopted  child  or  stepchild,  father  or 
mother,  father-in-law  or  mother-in-law,  grandfather  or  grand- 
mother, brother  or  sister,  nephew  or  niece. 

(d)  Questions  as  to  who  constitute  dependents  and  the  extent 
of  their  dependency  shall  be  determined  as  of  the  date  of  the 
death  of  the  employee,  and  their  right  to  any  death  benefit  shall 


— 17  — 


1 become  fixed  as  of  such  time  irrespective  of  any  subsequent 

2 change  in  conditions,  except  that  in  the  event  of  the  death  of 

3 any  dependent  his  unpaid  proportion  of  such  death  benefit  shall 

4 be  payable  proportionately  to  the  surviving  dependents,  if  any, 

5 without  administration. 

6 (e)  The  death  benefits  shall  be  paid  to  such  one  or  more  of 

7 the  dependents  of  the  deceased,  or  to  a trustee  appointed  by 

8 the  commission,  for  the  benefit  of  all  the  dependents,  as  may 
3 be  determined  by  the  commission,  which  may  apportion  such 

10  benefit  among  the  dependents  as  it  may  deem  just  and  equitable, 

11  and  may  order  payment  to  a dependent  subsequent  in  right 

12  upon  good  cause  being  shown  therefor,  anything  herein  con- 

13  tained  to  the  contrary  notwithstanding.  The  person  to  whom 

14  the  death  benefit  is  paid  for  the  use  of  the  several  beneficiaries 

15  entitled  thereto,  shall  apply  the  same  in  compliance  with  the 

16  finding  and  direction  of  the  commission. 

17  Sec.  20.  No  claim  to  recover  compensation  under  this  act 

18  shall  be  maintained  unless  within  thirty  days  after  the  occur- 

19  rence  of  the  accident  which  is  claimed  to  have  caused  the  injury 

20  or  death,  notice  in  writing,  stating  the  name  and  the  address  of 

21  the  person  injured,  the  time  and  the  place  where  the  accident 

22  occurred,  and  the  nature  of  the  injury,  and  signed  by  the  per- 

23  son  injured  or  some  one  in  his  behalf,  or  in  case  of  his  death, 

24  by  a dependent  or  some  one  in  his  behalf,  shall  be  served  upon 

25  the  employer ; provided , however,  that  actual  knowledge  of  such 

26  accident  and  injury  on  the  part  of  such  employer,  or  his  man- 

27  aging  agent,  or  his  agent,  superintendent  or  foreman  in  charge 

28  of  the  work,  upon  which  the  injured  employee  was  engaged  at 

29  the  time  of  the  injury,  shall  be  equivalent  to  such  service;  and 

30  provided,  further,  that  the  failure  to  give  any  such  notice,  or 

31  any  defect  or  inaccuracy  therein,  shall  not  be  a bar  to  recovery 

32  under  this  act  if  it  is  found  as  a fact  in  the  proceedings  for 

33  the  collection  of  the  claim  that  there  was  no  intention  to  mis- 

34  lead  or  prejudice  the  employer,  and  that  he  was  not  in  fact 

35  misled  or  prejudiced  thereby.  # 

36  Sec.  20.  (a)  Wherever  in  case  of  injury  the  right  to  com- 

37  pensation  under  this  act  would  exist  in  favor  of  any  employee, 
2 — SB  905 


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he  shall,  upon  the  written  request  of  his  employer,  submit  from 
time  to  time  to  examination  bv  a regular  practicing  physician, 
who  shall  be  provided  and  paid  for  by  the  employer,  and  shall 
likewise  submit  to  examination  from  time  to  time  by  any  reg- 
ular physician  selected  by  the  commission  or  any  member  or 
referee  thereof,  (b)  The  request  or  order  for  such  examina- 
tion shall  fix  a time  and  place  therefor,  due  regard  being  had 
to  the  convenience  of  the  employee  and  his  physical  condition 
and  ability  to  attend  at  the  time  and  place  fixed.  The  em- 
ployee shall  be  entitled  to  have  a physician  provided  and  paid 
for  b}^  himself  present  at  any  such  examination.  So  long  as 
the  employee,  after  such  written  request  of  the  employer,  shall 
fail  or  refuse  to  submit  to  such  examination  or  shall  in  any 
way  obstruct  the  same,  his  right  to  begin  or  maintain  any  pro- 
ceeding for  the  collection  of  compensation  shall  be  suspended, 
and  if  he  shall  fail  or  refuse  to  submit  to  such  examination 
after  direction  by  the  commission,  or  any  member  or  referee 
thereof,  or  shall  in  any  way  obstruct  the  same,  his  right  to  the 
weekly  indemnity  which  shall  accrue  and  become  payable  dur- 
ing the  period  of  such  failure,  refusal  or  obstruction,  shall  be 
barred.  Any  physician  who  shall  make  or  be  present  at  any 
such  examination  may  be  required  to  testify  as  to  the  results 
thereof. 

Sec.  22.  Upon  filing  with  the  commission  by  any  party  in 
interest  of  an  application  in  writing  stating  the  general  nature 
of  any  dispute  or  controversy  concerning  compensation,  or 
arising  out  of,  or  incidental  thereto,  or  concerning  any  right 
or  liability,  jurisdiction  over  which  is  vested  by  this  act  in  the 
commission,  a time  and  place  shall  be  fixed  for  the  hearing 
thereof,  which  shall  be  not  less  than  ten  days  nor  more  than 
forty  days  after  the  filing  of  such  application.  The  person 
filing  such  application  shall  be  known  as  the  applicant  and  the 
adverse  party  shall  be  known  as  the  defendant.  A copy  of 
said  application,  together  with  a notice  of  the  time  and  place 
of  hearing  thereof,  shall  forthwith  be  served  upon  all  adverse 
parties  and  may  be  served  either  as  a summons  in  a civil 
action  or  in  the  same  manner  as  any  other  notice  that  is 


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authorized  or  required  to  be  served  under  the  provisions  of 
this  act. 

Sec.  23.  If  any  defendant  desirous  to  disclaim  any  interest 
in  the  subject-matter  of  the  claim  in  controversy,  or  considers 
that  the  application  is  in  any  respect  inaccurate  or  incomplete, 
or  desires  to  bring  any  fact,  paper  or  document  to  the  attention 
of  the  commission  as  a defense  to  the  claim,  or  otherwise,  he 
must  within  five  days  after  the  service  of  the  application  upon 
him,  file  with  or  mail  to  the  commission  his  answer  setting 
forth  the  particulars  in  which  the  application  is  inaccurate  or 
incomplete,  and  the  facts  upon  which  he  intends  to  rely.  A 
copy  of  such  answer  must  be  forthwith  served  upon  the 
adverse  party. 

Sec.  24.  (a)  No  pleadings,  other  than  the  application  and 

answer,  shall  be  required.  The  hearing  on  the  application 
may  be  adjourned  from  time  to  time  and  from  place  to  place 
in  the  discretion  of  the  commission.  Either  party  shall  have 
the  right  to  be  present  at  any  hearing,  in  person  or  by  attorney 
or  any  other  agent,  and  to  present  such  testimony  as  shall  be 
pertinent  under  the  pleadings,  but  the  commission  may,  with 
or  without  notice  to  either  party,  cause  testimony  to  be  taken, 
or  inspection  of  the  premises  where  the  injury  occurred  to  be 
made,  or  the  time-books  and  pay-roll  of  the  employer  to  be 
examined  by  any  commissioner  or  any  referee  appointed  by 
the  commission,  and  may  from  time  to  time  direct  any 
employee  claiming  compensation  to  be  examined  by  a regular 
physician ; the  testimony  so  taken  and  the  results  of  any  such 
inspection  or  examination  to  be  reported  to  the  commission 
for  its  consideration. 

( b ) The  parties  to  a controversy  may  stipulate  the  facts 
relative  thereto  in  writing  and  file  such  stipulation  with  the 
commission,  which  may  thereupon  make  its  findings  and  award 
based  upon  such  stipulation,  or  may  in  its  discretion  set  the 
matter  down  for  hearing  and  take  such  further  testimony  or 
make  such  further  investigations  as  may  be  necessary  to 
enable  it  to  completely  determine  the  matter  in  controversy. 

Sec.  25.  (a)  After  final  hearing  by  the  commission,  it 


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shall  make  and  file  (1)  its  findings  upon  all  facts  involved  in 
the  controversy  and  (2)  its  award  which  shall  state  its  deter- 
mination as  to  the  rights  of  the  parties. 

(b)  The  commission  in  its  award  may  fix  and  determine  the 
total  amount  of  compensation  to  be  paid  and  specify  the  man- 
ner of  payment,  or  may  fix  and  determine  the  weekly  dis- 
ability indemnity  to  be  paid  and  order  payment  thereof  dur- 
ing the  continuance  of  such  disability. 

(c)  If,  in  any  proceeding  under  sections  twelve  to  thirt}^ 
five,  inclusive,  of  this  act,  it  is  proved  that  an  accident  has 
happened  for  which  the  employer  would  be  liable  to  pay  com- 
pensation if  disability  had  resulted  therefrom,  but  it  is  not 
proved  that  any  incapacity  had  resulted,  the  commission  may, 
if  it  appears  that  disability  is  likely  to  result  at  a future  time, 
instead  of  dismissing  the  application,  award  a nominal  dis- 
ability indemnity. 

( d ) The  commission  shall  have  continuing  jurisdiction  over 
all  its  orders,  decisions  and  awards  made  and  entered  under 
the  provisions  of  sections  twelve  to  thirty-five,  inclusive,  of 
this  act  and  may  at  any  time,  upon  notice,  and  after  oppor- 
tunity to  be  heard  is  given  to  the  parties  in  interest,  rescind, 
alter  or  amend  any  such  order,  decision  or  award  made  by  it 
upon  good  cause  appearing  therefor;  provided,  that  no  award 
of  compensation  shall  be  rescinded,  altered  or  amended  after 
two  hundred  forty-five  weeks  from  the  date  of  the  accident. 
Any  order,  decision  or  award  rescinding,  altering  or  amending 
a prior  order,  decision  or  award  shall  have  the  same  effect  as 
is  herein  provided  for  original  orders,  decisions  or  awards. 

Sec.  26.  ( a ) Any  party  affected  thereby  may  file  a certi- 

fied copy  of  the  findings  and  award  of  the  commission  with  the 
clerk  of  the  superior  court  for  any  county,  or  city  and  county, 
and  judgment  must  be  entered  by  the  clerk  in  conformity 
with  the  award  of  the  commission,  immediately  upon  the  filing 
of  such  findings  and  award. 

(b)  The  certified  copy  of  the  findings  and  award  of  the 
commission  and  a copy  of  the  judgment  shall  constitute  the 
judgment  roll.  The  pleadings,  all  orders  of  the  commission, 


— 21  — 


1 its  original  findings  and  award,  and  all  other  papers  or  docu- 

2 ments  filed  in  the  cause  shall  remain  on  file  in  the  office  of  the 

3 commission. 

4 (c)  The  commission,  or  any  member  thereof,  may  stay  the 

5 execution  of  any  judgment  entered  upon  an  award  of  the 

6 commission,  upon  good  cause  appearing  therefor  and  upon 
T such  term's  and  conditions  as  may  be  imposed.  A certified 

8 copy  of  such  order  shall  be  filed  with  the  clerk  entering  such 

9 judgment. 

19  ( d ) Satisfaction  of  a judgment  entered  upon  the  award  of 

11  the  commission  may  be  entered  in  the  manner  provided  by  law 

12  for  the  satisfaction  of  judgment.  When  a judgment  is  satis- 

13  fied  in  fact,  otherwise  than  upon  an  execution,  the  commission 

14  may,  upon  motion  of  either  party  or  of  its  own  motion,  order 

15  the  entry  of  satisfaction  of  the  judgment  to  be  made,  and  upon 

16  filing  a certified  copy  of  such  order  with  the  said  clerk,  he  shall 

17  thereupon  enter  such  satisfaction. 

18  Sec.  27.  The  orders,  findings,  decisions  or  awards  of  the 

19  commission  made  and  entered  under  sections  twelve  to  thirty- 

20  five,  inclusive,  of  this  act  may  be  reviewed  by  the  courts  in 

21  sections  eighty-four  and  eighty-five  of  this  act  specified  and 

22  within  the  time  and  in  the  manner  therein  specified  and  not 

23  otherwise. 

24  Sec.  28.  No  fees  shall  be  charged  by  the  clerk  of  any  court 

25  for  the  performance  of  any  official  service  required  by  this  act, 

26  except  for  the  docketing  of  awards  as  judgments  and  for  certi- 

27  fied  copies  of  transcripts  thereof.  In  all  proceedings  under 

28  this  act  before  the  commission,  costs  as  between  the  parties 

29  shall  be  allowed  or  not  in  the  discretion  of  the  commission,  and 

30  the  commission  may  in  its  discretion,  where  payments  of  com- 

31  pensation  have  been  unreasonably  delayed,  allow  the  bene- 

32  ficiary  thereof  interest  thereon,  at  not  to  exceed  one  and  one 

33  half  per  cent  per  month,  during  such  period  of  delay. 

34  Sec.  29.  ( a ) No  claim  for  compensation  under  this  act 

35  shall  be  assignable  before  payment,  but  this  provision  shall  not 

36  affect  the  survival  thereof,  nor  shall  any  claim  for  compen- 

37  sation,  or  compensation  awarded,  adjudged  or  paid,  be  subject 


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to  be  taken  for  the  debts  of  the  party  entitled  to  such  compen- 
sation, except  as  hereinafter  provided. 

(5)  The  commission  may  fix  and  determine  and  allow  as  a 
lien  against  any  amount  to  be  paid  as  compensation : 

1.  A reasonable  attorney’s  fee  for  legal  services  pertaining 
to  any  claim  for  compensation  or  application  filed  therefor  and 
the  reasonable  disbursements  in  connection  therewith. 

2.  The  reasonable  expense  incurred  by  or  on  behalf  of  the 
injured  employee  and  for  which  the  employer  is  liable  under 
the  provisions  of  subsection  ( a ) of  section  15  hereof. 

3.  The  reasonable  burial  expenses  of  the  deceased  employee, 
not  to  exceed  the  sum  of  one  hundred  dollars. 

i 

(c)  If  notice  in  writing  be  given  to  the  employer  setting 
forth  the  nature  and  extent  £f  such  claim,  the  said  claim  shall 
be  a lien  against  any  amount  thereafter  to  be  paid  as  compen- 
sation, subject  to  the  determination  of  the  amount  and  approval 
thereof  by  the  commission.  The  commission  may,  in  its  discre- 
tion, order  the  amount  of  such  claim  as  fixed  and  allowed  by 
it  paid  directly  to  the  person  entitled,  either  in  a lump  sum  or 
in  installments. 

( d ) No  claim  or  agreement  for  the  legal  services  or  dis- 
bursements mentioned  in  subdivision  one  hereof,  or  for  the 
expense  mentioned  in  subdivision  two  hereof,  in  excess  of  a 
reasonable  amount,  shall  be  valid  or  binding  in  any  respect. 

Sec.  30.  A claim  for  compensation  for  the  injury  or  death 
of  any  employee,  or  any  award  or  judgment  entered  thereon, 
shall  be  entitled  to  a preference  over  the  other  unsecured  debts 
of  the  employer  to  the  same  extent  as  the  wages  of  such  em- 
ployee shall  be  so  preferred  but  for  the  entire  amount  of  such 
compensation,  but  this  section  shall  not  impair  the  lien  of  any 
judgment  entered  upon  any  previous  award. 

Sec.  31.  The  making  of  a lawful  claim  against  an  employer 
for  compensation  under  this  act  for  the  injury  or  death  of  his 
employee  shall  operate  as  an  assignment  of  any  assignable 
cause  of  action  in  tort  for  damages  which  the  employee,  or  his 
personal  representative,  may  have  against  any  other  party  for 


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such  injury  or  death,  and  such  employer  may  enforce  in  his 
own  name  the  legal  liability  of  such  other  party. 

Sec.  32.  (a)  No  contract,  rule  or  regulation  shall  exempt 

the  employer  from  liability  for  the  compensation  fixed  by  this 
act,  but  nothing  in  this  act  contained  shall  be  construed  as 
impairing  the  right  of  the  parties  interested  to  settle,  subject 
to  the  provisions  herein  contained,  any  liability  which  may  be 
claimed  to  exist  under  this  act  on  account  of  such  injury  or 
death,  nor  as  conferring  upon  the  dependents  of  any  injured 
employee  any  interest  which  he  may  not  divert  by  such  settle- 
ment or  for  which  he,  or  his  estate,  shall,  in  the  event  of  such 
settlement  by  him,  be  accountable  to  such  dependents  or  any 
of  them. 

( b ) The  compensation  herein  provided  shall  be  the  measure 
of  the  responsibility  which  the  employer  has  assumed  for 
injuries  or  death  that  may  occur  to  employees  in  his  employ- 
ment when  subject  to  the  provisions  of  this  act,  and  no  release 
of  liability  or  settlement  agreement  shall  be  valid  unless  the 
benefits  provided  thereunder  are  as  favorable  as  the  benefits 
conferred  by  this  act,  and  until  and  unless  the  same  shall  be 
approved  by  the  commission. 

(c)  A copy  of  any  such  release  or  settlement  agreement 
signed  by  both  parties  shall  forthwith  be  filed  with  the  com- 
mission. When  such  release  or  settlement  agreement  is  filed 
with  the  commission  and  approved  by  it,  the  commission  may 
of  its  own  motion,  or  on  the  application  of  either  party,  with- 
out notice,  enter  its  award  based  upon  such  release  or  settle- 
ment agreement. 

( d ) Every  such  release  or  settlement  agreement  shall  be  in 
writing,  duly  executed  and  attested  by  two  disinterested  wit- 
nesses, and  shall  specify  the  date  of  the  accident,  and  the  date 
of  the  death,  if  the  accideht  caused  death,  the  average  weekly 
wages  of  the  employee  as  determined  according  to  section 
seventeen  hereof,  the  nature  of  the  disability,  whether  total 
or  partial,  permanent  or  temporary,  the  amount  paid,  or  due 
and  unpaid  to  the  employee  up  to  the  date  of  the  release  or 
agreement  or  death,  as  the  case  may  be,  and,  if  any,  the  amount 


— 24  — 


1 of  the  payment  or  benefits  then  or  thereafter  to  be  made,  and 

2 the  length  of  time  that  snch  payment  is  to  continue.  In  case 

3 of  death  there  shall  also  be  stated  in  such  release  or  settlement 

4 agreement  the  date  of  death,  the  name  of  the  widow,  if  any,  the 

5 name  and  ages  of  all  children,  if  any,  and  the  names  of  all  other 

6 dependents,  if  any,  and  whether  such  dependents  be  total  or 

7 partial,  and  the  amount  paid  or  to  be  paid  as  a death  benefit  and 

8 to  whom  such  payment  is  to  be  made  in  ease  of  death  where  the 

9 employee  leaves  persons  only  partially  dependent. 

10  Sec.  33.  (a)  At  the  time  of  making  its  award  or  at  any 

11  time  thereafter  the  commission  may,  on  its  own  motion,  either 

12  with  or  without  notice,  or  upon  application  of  either  party  with 

13  due  notice  to  the  other,  in  its  discretion,  commute  the  com- 

14  pensation  payable  under  this  act  to  a lump  sum,  if  it  appears 

15  that  such  commutation  is  necessary  for  the  protection  of  the 
lb  person  entitled  thereto,  or  for  the  best  interest  of  such  person, 

17  or  that  it  will  avoid  undue  expense  or  hardship  to  either  party, 

18  or  that  the  employer  has  sold  or  otherwise  disposed  of  the 

19  greater  part  of  his  assets,  or  is  about  to  do  so,  or  that  the 

20  employer  is  not  a resident  of  this  state,  and  may  order  such 

21  compensation  to  be  paid  forthwith  or  at  some  future  time. 

22  (ft)  The  amount  of  the  commuted  payment  shall  be  deter- 

23  mined  in  accordance  with  the  following  provisions : 

24  l.  if  the  accident  causes  temporary  disability,  the  commis- 

25  sion  shall  estimate  the  probable  duration  thereof  and  the  prob- 

26  able  amount  of  the  temporary  disability  indemnity  payable 

27  therefor  in  accordance  with  the  provisions  of  section  15  hereof 

28  and  shall  fix  the  lump  sum  payment  at  such  amount  so  deter- 

29  mined. 

30  2.  If  the  accident  causes  permanent  disability  or  death,  the 

31  commission  shall  fix  the  total  amount  of  the  permanent  dis- 

32  ability  indemnity  or  death  benefit  payable  therefor  in  accord- 

33  ance  with  the  provisions  of  said  section  fifteen  and  shall  esti- 

34  mate  the  present  value  thereof,  assuming  interest  at  the  rate  of 

35  four  per  cent  per  annum,  disregarding  the  probability  of  the 

36  beneficiary’s  death  in  all  cases  except  where  the  percentage  of 

37  permanent  disability  is  such  as  to  entitle  the  beneficiary  to  a 


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life-pension,  and  then  taking  into  consideration  the  probability 
of  the  beneficiary’s  death  only  in  estimating  the  present  value 
of  such  life  pension. 

(c)  The  commission  in  its  discretion  may  order  the  lump 
sum  payment  to  be  determined,  as  hereinbefore  provided,  paid 
directly  to  the  injured  employees  or  to  his  dependents,  or 
deposited  with  any  savings  bank  or  trust  company  authorized 
to  transact  business  in  this  state,  that  will  agree  to  accept  the 
same  as  a deposit  bearing  interest  at  not  less  than  four  per  cent, 
or  the  commission  may  order  the  same  to  be  deposited  with  the 
state  compensation  insurance  fund.  Any  such  amount  so 
deposited,  together  with  all  interest  thereon,  shall  thereafter 
be  held  in  trust  for  the  injured  employee,  or  in  the  event  of  his 
death,  for  his  dependents,  who  shall  have  no  further  recourse 
against  the  employer.  Payments  from  said  fund,  when  so 
deposited,  shall  be  made  by  the  trustee  only  in  the  same 
amounts  and  at  the  same  times  as  fixed  by  the  order  of  the  com- 
mission until  said  fund  and  interest  thereon  shall  be  exhausted. 
In  the  appointment  of  the  trustee  preference  shall  be  given,  in 
the  discretion  of  the  commission,  to  the  choice  of  the  injured 
employee  or  his  dependents.  Upon  the  making  of  such  pay- 
ment, the  employer  shall  present  to  the  commission  a proper 
receipt  evidencing  the  same,  executed  either  by  the  injured  em- 
ployee or  his  dependents,  or  by  the  trustee,  and  the  commission 
shall  thereupon  issue  its  certificate  in  proper  form  evidencing 
the  same  and  such  certificate,  upon  filing  with  the  clerk  of  the 
superior  court  in  which  any  judgment  upon  an  award  may 
have  been  entered,  shall  operate  as  a satisfaction  of  said  award 
and  shall  fully  discharge  the  employer  from  any  further  liabil- 
ity on  account  thereof. 

Sec.  34.  ( a ) Nothing  in  this  act  shall  affect  the  organiza- 

tion of  any  mutual  or  other  insurance  company,  or  any  exist- 
ing contract  for  insurance  or  employers  ’ liability,  nor  the  right 
of  the  employer  to  insure  in  mutual  or  other  companies,  in 
whole  or  in  part,  against  such  liability,  or  against  the  liability 
for  the  compensation  provided  for  by  this  act,  or  to  provide  by 
mutual  or  other  insurance,  or  by  arrangement  with  his  em- 


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ployees,  or  otherwise,  for  the  payment  to  such  employees,  their 
families,  dependents  or  representatives  of  sick,  accident  or 
death  benefits,  in  addition  to  the  compensation  provided  for  by 
this  act. 

(5)  Liability  for  compensation  under  this  act  shall  not  be 
reduced  or  affected  by  any  insurance,  contribution,  or  other 
benefit  whatsoever  due  to  or  received  by  the  person  entitled  to 
such  compensation,  except  as  otherwise  provided  by  this  act, 
and  the  person  so  entitled  shall,  irrespective  of  any  insurance 
or  other  contract,  have  the  right  to  recover  such  compensation 
directly  from  the  employer,  and  in  addition  thereto,  the  right 
to  enforce  in  his  own  name,  in  the  manner  provided  in  this  act, 
either  by  making  the  insurance  carrier  a party  to  the  original 
application  or  by  filing  a separate  application,  the  liability  of 
any  insurance  carrier,  which  may,  in  whole  or  in  part,  have 
insured  against  liability  for  such  compensation ; provided , how- 
ever, that  payment  in  whole  or  in  part  of  such  compensation  by 
either  the  employer  or  the  insurance  company  shall,  to  the 
extent  thereof,  be  a bar  to  recovery  against  the  other  of  the 
amount  so  paid ; and  provided,  further,  that  as  between  the  em- 
ployer and  the  insurance  company,  payment  by  either  directly 
to  the  employee,  or  to  the  person  entitled  to  compensation,  shall 
be  subject  to  the  conditions  of  the  insurance  contract  between 
them. 

(c)  Every  such  insurance  contract  or  insurance*  policy  evi- 
dencing the  same  must  contain  a clause  to  the  effect  that,  as 
between  the  employee  and  the  insurance  carrier,  the  notice 
to  or  knowledge  of  the  occurrence  of  the  injury  on  the  part  of 
the  employer  shall  be  deemed  notice  or  knowledge,  as  the  case 
may  be,  on  the  part  of  the  insurance  carrier;  that  jurisdiction 

of  the  employer  shall,  for  the  purpose  of  this  act,  be  jurisdiction  * 
of  the  insurance  carrier  and  that  the  insurance  carrier  shall  in 
all  things  be  bound  by  and  subject  to  the  orders,  findings,  deci- 
sions or  awards  rendered  against  the  employer  under  the  pro- 
visions of  this  act. 

( d ) Such  policy  must  also  provide  that  the  employee  shall 
have  a first  lien  upon  any  amount  which  shall  become  owing  on 


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account  of  such  policy  to  the  employer  from  the  insurance  car- 
rier and  that  in  case  of  the  legal  incapacity  or  liability  of  the 
employer  to  receive  the  said  amount  and  pay  it  over  to  the 
employee  or  his  dependents,  the  said  insurance  carrier  may  and 
shall  pay  the  same  directly  to  the  said  employee  or  his  depend- 
ents, thereby  discharging  to  the  extent  of  such  payment  the 
obligations  of  the  employer  to  the  employee,  and  such  policy 
shall  not  contain  any  provisions  relieving  the  insurance  carrier 
from  payment  when  the  employer  becomes  insolvent  or  is  dis- 
charged in  bankruptcy,  or  otherwise,  during  the  period  that 
the  policy  is  in  operation  or  the  compensation  remains  owing. 

( e ) If  the  employer  shall  be  insured  against  liability  for 
compensation  with  any  insurance  carrier,  and  if  after  the  hap- 
pening of  any  accident  such  insurance  carrier  shall  serve  or 
cause  to  be  served  upon  any  person  claiming  compensation 
against  such  employer  a notice  that  it  has  assumed  and  agreed 
to  pay  the  compensation,  if  any,  for  which  the  employer  is 
liable,  and  shall  file  a copy  of  such  notice  with  the  commission, 
such  employer  shall  thereupon  be  relieved  from  liability  for 
compensation  to  such  claimant  and  the  insurance  carrier  shall, 
without  notice,  be  substituted  in  place  of  the  employer  in  any 
proceeding  theretofore  or  thereafter  instituted  by  such  person 
to  recover  such  compensation,  and  the  employer  shall  be  dis- 
missed therefrom.  Such  proceeding  shall  not  abate  on  account 
of  such  substitution  but  shall  be  continued  against  such  insur- 
ance carrier. 

(/)  .Where  any  employer  is  insured  against  liability  for 
compensation  under  this  act  with  any  insurance  carrier,  such 
insurance  carried  shall  be  subrogated  to  all  the  rights  and 
duties  of  the  employer  and  may  enforce  any  such  rights  in  its 
own  name. 

Sec.  35.  (a)  If  any  insurance  policy  shall  be  issued  cover- 

ing liability  for  compensation  under  this  act,  which  policy  shall 
contain  any  limitation  as  to  the  compensation  payable, — such 
limitation  shall  be  printed  in  the  body  of  such  policy  in  bold- 
face type  and  in  addition  thereto  the  words  ‘ ‘ Limited  compen- 


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sation  policy”  shall  be  printed  on  the  top  of  the  policy  in  bold- 
faced type  not  less  than  18  point  in  size. 

(6)  No  insurance  carrier  shall  insure  against  the  liability 
of  the  employer  for  damages  recoverable  at  law  by  the  injured 
employee  under  the  optional  provisions  contained  in  section  12 
hereof,  and  any  insurance  carrier  liable  to  any  such  injured 
employee  for  the  compensation  provided  by  this  act,  upon  the 
payment  of  the  same  shall  have  the  same  option  given  by  said 
section  12  to  such  employee  and  shall  be  fully  subrogated  to 
his  rights,  and  may  enforce  such  liability  for  damages  against 
the  employer  in  its  own  name,  anything  in  the  insurance  con- 
tract to  the  contrary  notwithstanding. 

Sec.  36.  There  is  hereby  created  and  established  a fund  to 
be  known  as  the  “State  compensation  insurance  fund,”  to  be 
administered  by  the  industrial  accident  commission  of  the 
state,  without  liability  on  the  part  of  the  state  beyond  the 
amount  of  said  fund,  for  the  purpose  of  insuring  employers 
against  liability  for  compensation  under  this  act  and  insuring 
to  employees  and  other  persons  the  compensation  fixed  by  this 
act  for  employees  and  their  dependents. 

Sec.  37.  (a)  The  state  compensation  insurance  fund  shall 

be  a revolving  fund  and  shall  consist  of  such  specific  appro- 
priations as  the  legislature  may  from  time  to  time  make  or  set 
aside  for  the  use  of  such  fund,  all  premiums  received  and  paid 
into  the  said  fund  for  compensation  insurance  issued,  all 
property  and  securities  acquired  by  and  through  the  use  of 
moneys  belonging  to  said  fund  and  all  interest  earned  upon 
moneys  belonging  to  said  fund  and  deposited  or  invested,  as 
herein  provided. 

(b)  Said  fund  shall  be  applicable  to  the  payment  of  losses 
sustained  on  account  of  insurance  and  to  the  payment  of  the 
expenses  to  be  charged  against  said  fund  in  accordance  with 
the  provisions  contained  in  this  act. 

(c)  Said  fund  shall,  after  a reasonable  time  during  which 
it  may  establish  a business,  be  fairly  competitive  with  other 
insurance  carriers,  and  it  is  the  intent  of  the  legislature  that 


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* 


1 said  fund  shall  ultimately  become  neither  more  nor  less  than 

2 self-supporting. 

3 Sec.  38.  (a)  The  commission  is  hereby  vested  with  full 

4 power,  authority  and  jurisdiction  over  the  state  compensation 

5 insurance  fund  and  may  do  and  perform  any  and  all  things 

6 whether  herein  specifically  designated,  or  in  addition  thereto, 

7 which  are  necessary  or  convenient  in  the  exercise  of  any 

8 power,  authority  or  jurisdiction  over  said  fund  in  the  admin- 

9 istration  thereof,  or  in  connection  with  the  insurance  busi- 

40  ness  to  be  carried  on  by  it  under  the  provisions  of  this  act, 

41  as  fully  and  completely  as  the  governing  body  of  a private 

42  insurance  carrier  might  or  could  do. 

13  (5)  The  commission  shall  have  full  power  and  authority, 

14  and  it  shall  be  its  duty,  to  fix  and  determine  the  rates  to  be 

15  charged  by  the  state  compensation  insurance  fund  for  com- 
10  pensation  insurance,  and  to  manage  and  conduct  all  business 

17  and  affairs  in  relation  thereto,  all  of  which  business  and 

18  affairs  shall  be  conducted  in  the  name  of  the  state  compensa- 

19  tion  insurance  fund,  and  in  that  name,  without  any  other 
2d  name  or  title,  the  commission  may: 

21  1.  Sue  and  be  sued  in  all  the  courts  of  the  state  in  all 

22  actions  arising  out  of  any  act,  deed,  matter  or  thing  made, 

23  omitted,  entered  into,  done,  or  suffered  in  connection  with 

24  the  state  compensation  insurance  fund,  the  administration, 

25  management  or  conduct  of  the  business  or  affairs  relating 
28  thereto. 

27  2.  Make  and  enter  into  contract  of  insurance  as  herein  pro- 

28  vided,  and  such  other  contracts  or  obligations  relating  to  the 

29  state  compensation  insurance  fund  as  are  authorized  or  per- 

30  mitted  under  the  provisions  of  this  act. 

31  3.  Invest  and  re-invest  the  moneys  belonging  to  said  fund 

32  as  hereinafter  provided. 

33  4.  Conduct  all  business  and  affairs,  relating  to  the  state 

34  compensation  insurance  fund,  whether  herein  specifically 

35  designated  or  in  addition  thereto. 

36  (c)  The  commission  may  delegate  to  the  manager  of  the 

37  state  compensation  insurance  fund,  or  to  any  other  officer, 


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under  such  rules  and  regulations  and  subject  to  such  condi- 
tions as  it  may  from  time  to  time  prescribe,  any  of  the  pow- 
ers, functions  or  duties,  conferred  or  imposed  on  the  commis- 
sion under  the  provisions  of  this  act  in  connection  with  the 
state  compensation  insurance  fund,  the  administration,  man- 
agement and  conduct  of  the  business  and  affairs  relating 
thereto,  and  the  officer  or  officers  to  whom  such  delegation  is 
made  may  exercise  the  powers  and  functions  and  perform  the 
duties  delegated  with  the  same  force  and  effect  as  the  com- 
mission, but  subject  to  its  approval. 

(d)  The  commission  shall  not,  nor  shall  any  commissioner, 
officer  or  employee  thereof,  be  personally  liable  in  his  private 
capacity  for  or  on  account  of  any  act  performed  or  contract 
or  other  obligation  entered  into  or  undertaken  in  an  official 
capacity  in  connection  with  the  administration,  management 
or  conduct  of  the  state  compensation  insurance  fund,  the 
administration,  conduct  or  management  of  its  business  or 
affairs  relating  thereto. 

Sec.  39.  In  conducting  the  business  and  affairs  of  the  state 
compensation  insurance  fund  the  manager  of  the  said  fund  or 
other  officer  to  whom  such  power  and  authority  may  be  dele- 
gated by  the  commission,  as  provided  by  subsection  (c)  of 
section  thirty-eight  hereof,  shall  have  full  power  and  authority : 

1.  To  enter  into  contracts  of  insurance,  insuring  employers 
against  liability  for  compensation  and  insuring  to  employees 
and  other  persons  the  compensation  fixed  by  this  act. 

2.  To  sell  annuities  covering  compensation  benefits  to  the 
persons  entitled  to  such  benefits. 

3.  To  decline  to  insure  any  risk  in  which  the  minimum 
requirements  of  the  commission  with  regard  to  construction, 
equipment  and  operation  are  not  observed,  or  which  is  beyond 
the  safe  carrying  of  the  state  compensation  insurance  fund. 

4.  To  reinsure  any  risk  or  any  part  thereof. 

5.  To  inspect  and  audit,  or  cause  to  be  inspected  and  audited, 
the  payrolls  of  employers  applying  for  insurance  against  lia- 
bility for  compensation. 

6.  To  make  rules  and  regulations  for  the  settlement  of 


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— 31  — 


claims  against  said  fund  and  to  determine  to  whom  and  through 
whom  the  payments  of  compensation  are  to  be  made. 

7.  To  contract  with  physicians,  surgeons  and  hospitals  for 
medical  and  surgical  treatment  and  the  care  and  nursing  of 
injured  persons  entitled  to  the  benefits  from  said  fund. 

Sec.  40.  (a)  It  shall  be  the  duty  of  the  commission  to  fix 

and  determine  the  rates  to  be  charged  by  the  state  compensa- 
tion insurance 1 fund  for  compensation  ^insurance  coverage  as 
herein  provided,  and  such  rates  shall  be  fixed  with  due  regard 
to  the  physical  hazards  of  each  industry,  occupation  or  em- 
ployment and,  within  each  class,  so  far  as  practicable,  in  accord- 
ance with  the  elements  of  bodily  risk  or  safety  or  other  hazard 
of  the  plant  or  premises  or  work  of  each  insured  and  the  man- 
ner in  which  the  same  is  conducted,  together  with  a reasonable 
regard  for  the  accident  experience  and  history  of  each  such 
insured,  and  the  means  and  methods  of  caring  for  injured  per- 
sons, but  such  rates  shall  take  no  account  of  the  extent  to 
which  the  employees  in  any  particular  establishment  have  or 
have  not  persons  dependent  upon  them  for  support. 

( b ) The  rates  so  made  shall  be  that  percentage  of  the  payroll 
of  any  employer  which,  in  the  long  run  and  on  the  average, 
shall  produce  a sufficient  sum,  when  invested  at  three  and  one 
half  per  cent  interest : 

1.  To  carry  all  claims  4o  maturity;  that  is  to  say  the  rates 
shall  be  based  upon  the  “reserve”  and  not  upon  the  “assess- 
ment” plan; 

2.  To  meet  the  reasonable  expenses  of  conducting  the  busi- 
ness of  such  insurance; 

3.  To  produce  a reasonable  surplus  to  cover  the  catastrophe 
hazard ; 

(c)  Nothing  herein  contained  shall,  however,  be  held  to  pre- 
vent the  rates  made  by  the  state  rate-making  bureau  being 
adopted  by  the  commission  as  the  rates  of  insurance  for  the 
state  compensation  insurance  fund. 

Sec.  41.  The  policy  contract  entered  into  between  the  state 
compensation  insurance  fund  and  persons  insuring  therewith 
may  be  either  limited  or  unlimited  and  issued  for  one  year  or, 


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in  the  form  of  stamps  or  tickets  or  otherwise,  for  one  month  or 
any  number  of  months  less  than  one  year,  or  for  one  day  or  any 
number  of  days  less  than  one  month,  or  during  the  performance 
of  any  particular  work,  job  or  contract,  provided  that  the  rates 
charged  shall  be  proportionately  greater  for  a shorter  than  for 
a longer  period  and  that  a minimum  premium  charge  shall  be 
fixed  in  accordance  with  a reasonable  rate  for  insuring  one 
person  for  one  day.  Nothing  in  this  act  shall  be  construed  to 
prevent  any  person  applying  for  compensation  insurance  from 
being  covered  temporarily  until  the  application  is  finally  acted 
upon,  or  to  prevent  the  insured  from  surrendering  any  policy 
at  any  time  and  having  returned  to  him  the  difference  between 
the  premium  paid  and  the  premium  at  the  customary  short 
term  for  the  shorter  period  which  such  policy  has  already  run. 
The  state  compensation  insurance  fund  may  at  any  time  can- 
cel any  policy,  after  due  notice,  upon  a pro  rata  basis  of  pre- 
mium repayment. 

Sec.  42.  The  state  compensation  insurance  fund  may  issue 
policies,  including  with  their  employees,  employers  who  per- 
form labor  incidental  to  their  occupations,  and  including  also 
members  of  the  families  of  such  employers  engaged  in  the  same 
occupation,  such  policies  insuring  to  such  employers  and  work- 
ing members  of  their  families  the  same  compensations  provided 
for  their  employees,  and  at* the  same  rates;  provided,  that  the 
estimations  of  their  wage  values,  respectively,  shall  be  reason- 
able and  separately  stated  in  and  added  to  the  valuation  of 
their  payrolls  upon  which  their  premium  is  computed.  Such 
policies  may  likewise  be  sold  to  self-employing  persons  and  to 
casual  employees,  who,  for  the  purpose  of  such  insurance,  shall 
be  deemed  to  be  employees  within  the  meaning  of  sections 
twelve  to  thirty-five,  inclusive,  of  this  act. 

Sec.  43.  The  treasurer  of  the  state  shall  be  custodian  of  all 
moneys  and  securities  belonging  to  the  state  compensation 
insurance  fund,  except  as  otherwise  provided  in  this  act,  and 
shall  be  liable  on  his  official  bond  for  the  safe-keeping  thereof. 
All  moneys  collected  or  received  by  the  commission,  or  the 
manager  of  the  state  compensation  insurance  fund,  under  and 


— 33  — 


» 


1 by  virtue  of  the  provisions  of  this  act,  shall  be  delivered  to  the 

2 treasurer  of  the  state  or  may  be  deposited  to  his  credit  in  such 

3 bank  or  banks  throughout  the  state  as  he  may,  from  time  to 

4 time,  designate,  and  such  moneys  when  so  delivered  or  depos- 

5 ited  shall  be  credited  by  the  treasurer  to  the  said  fund  and  no 

6 moneys  received  or  collected  on  account  of  such  fund  shall  be 

7 expended  or  paid  out  of  such  fund  without  first  passing  into 

8 the  state  treasury  and  being  drawn  therefrom  as  provided  in 

9 this  act.  In  like  manner  there  shall  be  delivered  to  the  treas- 

10  urer  all  securities  belonging  to  said  fund  which  shall  be  held 

11  by  him  until  otherwise  disposed  of  as  provided  in  this  act. 

12  Sec.  44.  (a)  The  commission  shall  submit  each  month  to 

13  the  state  board  of  control  an  estimate  of  the  amount  necessary 

14  to  meet  the  current  disbursements  from  the  state  compensa- 

15  tion  insurance  fund  during  each  succeeding  calendar  month 

16  and,  when  such  estimate  shall  be  approved  by  the  state  board 

17  of  control,  the  controller  is  directed  to  draw  his  warrant  on 

18  said  fund  in  favor  of  said  commission  for  such  amount,  and 

19  the  treasurer  is  authorized  and  directed  to  pay  the  same. 

20  (&)  At  the  end  of  each  calendar  month  the  commission  shall 

21  account  to  the  state  board  of  control  and  the  state  controller 

22  for  all  moneys  so  received,  furnishing  proper  vouchers  therefor. 

23  Sec.  45.  (a)  The  commission  shall  cause  all  moneys  in  the 

24  state  compensation  insurance  fund,  in  excess  of  current  require- 

25  ments,  to  be  invested  and  reinvested,  from  time  to  time,  in  the 

26  securities  now  or  hereafter  authorized  by  law  for  the  invest- 

27  ment  of  funds  of  savings  banks. 

(5)  The  commission  shall,  from  time  to  time,  submit  to  the 
29  state  board  of  control  an  estimate  of  the  amount  required  by 
39  it  for  investment,  which  estimate  shall  be  accompanied  by  a 

31  full  description  of  the  kind  and  character  of  the  investments 

32  to  be  made  and,  when  such  estimate  shall  be  approved  by  the 

33  state  board  of  control,  the  controller  is  directed  to  draw  his 

34  warrant  on  the  state  compensation  insurance  fund  in  favor  of 

35  the  commission  for  such  amount  and  the  treasurer  is  author- 

36  ized  and  directed  to  pay  the  same. 

37  (c)  At  the  end  of  each  calendar  month  the  commission  shall 


3 — sb  905 


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account  to  the  said  board  of  control  and  the  state  controller 
for  all  moneys  so  received,  furnishing  proper  vouchers  therefor. 

(d)  All  moneys  in  said  fund,  in  excess  of  current  require- 
ments and  not  otherwise  invested,  may  be  deposited  by  the  state 
treasurer  from  time  to  time  in  the  banks  authorized  by  law  to 
receive  deposits  of  public  moneys  under  the  same  rules  and 
regulations  that  govern  the  deposit  of  other  public  funds  and 
the  interest  accruing  thereon  shall  be  accredited  to  the  state 
compensation  insurance  fund. 

Sec.  46.  Each  county,  city  and  county,  city,  school  district 
or  other  public  corporation  within  the  state,  may  insure  against 
liability  for  compensation  to  injured  employees  provided  for  by 
this  act  with  the  state  compensation  insurance  fund  and  not 
otherwise,  and  the  premium  therefor  shall  be  a proper  charge 
against  the  general  fund  of  each  such  political  subdivision  of 
the  state. 

Sec.  47.  When  the  premium  rates  shall  have  been  estab- 
lished for  compensation  insurance  under  the  provisions  of  this 
act,  the  commission  shall  furnish  schedules  of  rates  and  copies 
of  the  forms  of  policy  to  the  commissioner  of  labor,  to  the  clerk 
and  to  the  treasurer  of  every  county,  city  and  county,  and  city 
in  the  state,  and  it  shall  be  the  duty  of  every  public  officer 
to  whom  the  foregoing  may  be  furnished  to  fill  out  and  transmit 
to  the  manager  of  the  state  compensation  insurance  fund 
applications  for  compensation  insurance  in  such  fund  and  to 
receive  and  transmit  to  said  manager  all  premiums  paid  on 
account  of  any  policy  issued  or  applied  for. 

Sec.  48.  The  commission  shall  make  to  the  governor  of  the 
state  quarterly  reports  of  the  business  done  by  the  state  com- 
pensation insurance  fund  during  the  previous  quarter,  and  a 
statement  of  the  fund’s  resources  and  liabilities,  and  it  shall 
be  the  duty  of  the  state  board  of  control  to  audit  such  reports 
and  to  cause  an  abstract  thereof  to  be  published  one  or  more 
times  in  at  least  two  newspapers  of  general  circulation  in  the 
state.  The  commission  shall  likewise  make  to  the  state  insur- 
ance commissioner  all  reports  required  by  law  to  be  made  by 
other  insurance  carriers. 


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Sec.  49.  Any  employer  who  shall  wilfully  misrepresent  the 
amount  of  the  payroll  upon  which  his  premium  under  this  act 
is  to  be  based  shall  be  liable  to  the  state  in  ten  times  the  amount 
of  the  difference  in  premium  paid  and  the  amount  the  employer 
should  have  paid  had  his  payroll  been  correctly  computed,  and 
the  liability  to  the  state  under  this  section  shall  be  enforced  in 
a civil  action  in  the  name  of  the  state  compensation  insurance 
fund. 

Sec.  50.  Any  person  who  wilfully  misrepresents  any  fact 
in  order  to  obtain  insurance  at  less  than  the  proper  rate  for 
such  insurance,  or  in  order  to  obtain  any  payments  out  of  such 
fund,  shall  be  guilty  of  a misdemeanor. 

Sec.  51.  The  following  terms,  as  used  in  sections  51  to  72, 
inclusive,  of  this  act,  shall,  unless  a different  meaning  is  plainly 
required  by  the  context,  be  construed  as  follows : 

(1)  The  phrase  “place  of  employment ” shall  mean  and 
include  every  place,  whether  indoors  or  out  or  underground, 
and  the  premises  appurtenant  thereto  where,  either  temporarily 
or  permanently,  any  industry,  trade,  work  or  business  is  carried 
on,  or  where  any  process  or  operation  directly  or  indirectly 
related  to  any  industry,  trade,  work  or  business,  is  carried  on, 
and  where  any  person  is  directly  or  indirectly  employed  by 
another  for  direct  or  indirect  gain  or  profit,  but  shall  not  in- 
clude any  place  where  persons  are  employed  in  private  domestic 
service  or  agricultural  pursuits  which  do  not  involve  the  use 
of  mechanical  power. 

(2)  The  term  “employment”  shall  mean  and  include  any 
trade,  work,  business,  occupation  or  process  of  manufacture,  or 
any  method  of  carrying  on  such  trade,  work,  business,  occupa- 
tion or  process  of  manufacture  in  which  any  person  may  be 
engaged,  except  in  such  domestic  service  or  agricultural  pur- 
suits as  do  not  involve  the  use  of  mechanical  power. 

(3)  The  term  “employer”  shall  mean  and  include  every 
person,  firm,  voluntary  association,  corporation,  officer,  agent, 
manager,  representative  or  other  person  having  control  or  cus- 
tody of  any  employment,  place  of  employment  or  of  any 
employee. 


— 36  — 


1 (4)  The  term  “employee”  shall  mean  and  include  every 

2 person  who  may  be  required  or  directed  by  any  employer,  in 

3 consideration  of  direct  or  indirect  gain  or  profit,  to  engage  in 

4 any  employment,  or  to  go  to  work  or  be  at  any  time  in  any 

5 place  of  employment. 

6 (5)  The  term  “frequenter”  shall  mean  and  include  every 

7 person,  other  than  an  employee,  who  may  go  in  or  be  in  a place 

8 of  employment  under  circumstances  which  render  him  other 

9 than  a trespasser. 

10  (6)  The  term  “ order  ” shall  mean  and  include  any  decision, 

11  rule,  regulation,  direction,  requirement  or  standard  of  the 

12  commission  or  any  other  determination  arrived  at  or  decision 

13  made  by  such  commission  under  this  act. 

14  (7)  The  term  “general  order”  shall  mean  and  include  such 

15  order  under  this  part  of  this  act  as  applies  generally  through- 

16  out  the  state  to  all  persons,  employments  or  places  of  employ- 

17  ment,  or  all  persons,  employments  or  places  of  employment  of  a 

18  class  under  the  jurisdiction  of  the  commission.  All  other  orders 

19  of  the  commission  shall  be  considered  special  orders. 

20  (8)  The  term  “local  order”  shall  mean  and  include  any  ordi- 

21  nance,  order,  rule  or  determination  of  any  board  of  supervisors, 

22  city  council,  board  of  trustees  or  other  governing  body  of  any 

23  county,  city  and  county,  city  or  of  any  school  district  or  other 

24  public  corporation,  or  of  the  board  of  health  of  any  such  county, 

25  city  or  county,  municipality  or  district,  or  an  order  or  direction 

26  of  any  official  of  such  municipality,  upon  any  matter  over 

27  which  the  industrial  accident  commission  has  jurisdiction. 

28  (9)  The  term  “ safe ” and  “ safety ” as  applied  to  an  employ- 

29  ment  or  a place  of  employment  shall  mean  such  freedom  from 

30  danger  to  the  life  or  safety  of  employees  or  frequenters  as  the 

31  nature  of  the  employment  will  reasonably  permit. 

32  (10)  The  terms  “safety  device”  and  “safeguard”  shall  be 

33  given  a broad  interpretation  so  as  to  include  any  practicable 

34  method  of  mitigating  or  preventing  a specific  danger. 

35  Sec.  52.  Every  employer  shall  furnish  employment  which 

36  shall  be  safe  for  the  employees  therein  and  shall  furnish  a 

37  place  of  employment  which  shall  be  safe  for  employees  therein 


— 37  — 


1 and  for  frequenters  thereof,  and  shall  furnish  and  use  safety 

2 devices  and  safeguards,  and  shall  adopt  and  use  such  practices, 

3 means,  methods,  operations  and  processes  reasonably  adequate 

4 to  render  such  employment  and  place  of  employment  safe,  and 

5 shall  do  every  other  thing  reasonably  necessary  to  protect  the 

6 life  and  safety  of  such  employees  and  frequenters. 

7 Sec.  53.  No  employer  shall  require,  permit  or  suffer  any 

8 employee  to  go  or  be  in  any  employment  or  place  of  employ- 

9 ment  which  is  not  safe,  and  no  such  employer  shall  fail  to  fur- 

10  nish,  provide  and  use  safety  devices  and  safeguards,  or  fail  to 

11  adopt  and  use  methods  and  processes  reasonably  adequate  to 

12  render  such  employment  and  place  of  employment  safe,  and  no 

13  such  employer  shall  fail  or  neglect  to  do  every  other  thing 

14  reasonably  necessary  to  protect  the  life  and  safety  of  such 

15  employees  and  frequenters ; and  no  such  employer  shall  occupy 

16  or  maintain  any  place  of  employment  that  is  not  safe. 

17  Sec.  54.  (1)  Wherever  practicable  the  points  of  danger 

18  in  any  machine  or  mechanism  shall  be  securely  guarded  by  the 

19  maker,  and  the  manufacture  or  sale  of  any  machine  or  median  - 

20  ism  not  so  guarded  is  hereby  prohibited. 

21  (2)  No  employer,  owner  or  lessee  of  any  real  property  in 

22  this  state  shall  construct  or  cause  to  be  constructed  any  place 

23  of  employment  that  is  not  safe. 

24  Sec.  55.  No  employee  shall  remove,  displace,  damage, 

25  destroy  or  carry  off  any  safety  device  or  safeguard  furnished 

26  and  provided  for  use  in  any  employment  or  place  of  employ- 

27  ment,  nor  interfere  in  any  way  with  the  use  thereof  by  any 

28  other  person,  nor  shall  any  such  employee  interfere  with  the 

29  use  of  any  method  or  process  adopted  for  the  protection  of  any 

30  employee  in  such  employment,  or  place  or  employment  or  f re- 

31  quenter  of  such  place  of  employment,  nor  fail  or  neglect  to  do 

32  every  other  thing  reasonably  necessary  to  protect  the  life  and 

33  safety  of  such  employees  or  frequenters. 

34  Sec.  56.  The  commission  is  vested  with  power  and  jurisdic- 

35  tion  over  and  shall  have  such  supervision  of  every  employment 

36  and  place  of  employment  in  this  state  as  may  be  necessary  ade- 

37  quately  to  enforce  and  administer  all  laws  and  all  lawful  orders 


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requiring  such  employment  and  place  of  employment  to  be  safe, 
and  requiring  the  protection  of  the  life  and  safety  of  every  em- 
ployee in  such  employment  or  place  of  employment  and  every 
frequenter  of  such  place  of  employment. 

Sec.  57.  The  commission  shall  have  power,  after  a hearing 
had  upon  its  own  motion  or  upon  complaint,  by  general  or 
special  orders,  rules  or  regulations,  or  otherwise : 

(1)  To  declare  and  prescribe  what  safety  devices,  safe- 
guards or  other  means  or  methods  of  protection  are  best 
adapted  to  render  the  employees  of  every  employment  and 
place  of  employment  and  frequenters  of  every  place  of  employ- 
ment safe  as  required  by  law  or  lawful  order. 

(2)  To  fix  such  reasonable  standards  and  to  prescribe, 
modify  and  enforce  such  reasonable  orders  for  the  adoption, 
installation,  use,  maintenance  and  operation  of  safety  devices, 
safeguards  and  other  means  or  methods  of  protection,  to  be  as 
nearly  uniform  as  possible,  as  may  be  necessary  to  carry  out 
all  laws  and  lawful  orders  relative  to  the  protection  of  the  life 
and  safety  of  employees  in  employments  and  places  of  employ- 
ment or  frequenters  of  places  of  employment. 

(3)  To  fix  and  order  such  reasonable  standards  for  the 
construction,  repair  and  maintenance  of  places  of  employment 
as  shall  render  them  safe. 

(4)  To  require  the  performance  of  any  other  act  which  the 
protection  of  the  life  and  safety  of  employees  in  employments 
and  places  of  employment  or  frequenters  of  places  of  employ- 
ment may  demand. 

(5)  To  declare  and  prescribe  the  general  form  of  indus- 
trial accident  reports,  the  accidents  to  be  reported  and  the 
information  to  be  furnished  in  connection  therewith,  and  the 
time  within  which  such  reports  shall  be  filed.  Nothing  in  this 
act  contained  shall  be  construed  to  prevent  the  commission 
from  requiring  supplemental  accident  reports. 

Sec.  58.  Upon  the  fixing  of  a time  and  place  for  the  holding 
of  a hearing  for  the  purpose  of  considering  and  issuing  a gen- 
eral safety  order  or  orders  as  authorized  by  section  57  hereof, 
the  commission  shall  cause  a notice  of  such  hearing  to  be  pub- 


— 39  — 


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1 lished  in  one  or  more  daily  newspapers  of  general  circulation 

2 published  and  circulated  in  the  city  and  county  of  San  Fran- 

3 c-isco,  and  also  in  one  or  more  daily  newspapers  of  general  circu- 

4 lation  published  and  circulated  in  the  county  of  Los  Angeles, 

5 such  newspapers  to  be  designated  by  the  commission  for  that 

6 purpose.  No  defect  or  inaccuracy  in  such  notice  or  in  the  pub- 

7 lication  thereof  shall  invalidate  any  general  order  issued  by 
3 the  commission  after  hearing  had. 

9  Sec.  59.  Whenever  the  commission,  after  a hearing  had 

10  upon  its  own  motion  or  upon  complaint,  shall  find  that  any 

11  employment  or  place  of  employment  is  not  safe  or  that  the 

12  practices  or  means  or  methods  or  operations  or  processes  em- 

13  ployed  or  used  in  connection  therewith  are  unsafe,  or  do  not 

14  afford  adequate  protection  to  the  life  and  safety  of  employees 

15  in  such  employments  and  places  of  employment,  or  frequent- 
ly ers  of  places  of  employment,  the  commission  shall  make  and 
17  enter  and  serve  such  order  relative  thereto  as  may  be  necessary 
13  to  render  such  employment  or  place  of  employment  safe  and 
19  protect  the  life  and  safety  of  employees  in  such  employments 
29  and  places  of  employment  or  frequenters  thereof  and  may  in 

21  said  order  direct  that  such  additions,  repairs,  improvements 

22  or  changes  be  made  and  such  safety  devices  and  safeguards  be 

23  furnished,  provided  and  used,  as  are  reasonably  required  to 

24  render  such  employment  or  place  of  employment  safe,  in  the 
29  manner  and  within  the  time  specified  in  said  order. 

29  Sec.  60.  The  commission  may,  upon  application  of  any 

27  employer,  or  other  person  affected  thereby,  grant  such  time 

28  aS  may  reasonably  be  necessary  for  compliance  with  any  order, 

29  and  any  person  affected  by  such  order  may  petition  the  com- 
39  mission  for  an  extension  of  time,  which  the  commission  shall 

31  grant  if  it  finds  such  an  extension  of  time  necessary. 

32  Sec.  61.  Whenever  the  commission  shall  learn  or  have  rea- 

33  son  to  believe  that  any  employment  or  place  of  employment 

34  is  not  safe  or  is  injurious  to  the  welfare  of  any  employee  or 

35  frequenter  it  may,  of  its  own  motion,  or  upon  complaint,  sum- 

36  marily  investigate  the  same,  with  or  without  notice  or  hearings, 

37  and  enter  and  serve  such  order  as  may  be  necessary  relative 


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— 40  — 


thereto,  anything  in  this  act  to  the  contrary  notwithstanding. 

Sec.  62.  Every  employer,  employee  and  other  person  shall 
obey  and  comply  with  each  and  every  requirement  of  every 
order,  decision,  direction,  rule  or  regulation  made  or  pre- 
scribed by  the  commission  in  connection  with  the  matters 
herein  specified,  or  in  any  way  relating  to  or  affecting  safety 
of  employments  or  places  of  employment,  or  to  protect  the  life 
and  safety  of  employees  in  such  employments  or  places  of 
employment,  and  shall  do  everything  necessary  or  proper  in 
order  to  secure  compliance  with  and  observance  of  every  such 
order,  decision,  direction,  rule  or  regulation. 

Sec.  63.  The  orders  of  the  commission,  general  or  special, 
its  rules  or  regulations,  findings  and  decisions,  made  and 
entered  under  this  part  of  this  act,  may  be  reviewed  by  the 
courts  in  sections  eighty-four  and  eighty-five  of  this  act 
specified  and  within  the  time  and  in  the  manner  therein 
specified  and  not  otherwise. 

Sec.  64.  Nothing  contained  in  this  act  shall  be  construed 
to  deprive  the  board  of  supervisors  of  any  county,  or  city  and 
county,  the  board  of  trustees  of  any  city,  or  the  board  of 
health  of  any  municipality,  or  any  other  public  corporation, 
or  board  or  department,  of  any  power  or  jurisdiction  over  or 
relative  to  any  place  of  employment;  provided,  that  whenever 
the  industrial  accident  commission  shall,  by  order,  fix  a 
standard  of  safety  for  employments  or  places  of  employment, 
such  order  shall,  upon  the  filing  by  the  commission  of  a copy 
thereof  with  the  clerk  of  the  county,  city  and  county,  or  city 
to  which  it  may  apply,  establish  a minimum  requirement  con- 
cerning the  matters  covered  by  such  order  and  shall  be 
construed  in  connection  with  any  local  order  relative  to  the 
same  matter  and  to  amend  or  modify  any  requirement  in  such 
local  order  not  up  to  the  standard  of  such  order. 

Sec.  65.  The  industrial  accident  commission  shall  have 
further  power  and  authority: 

(1)  To  establish  and  maintain  museums  of  safety  and 
hygiene  in  which  shall  be  exhibited  safety  devices,  safeguards 
and  other  means  and  methods  for  the  protection  of  the  life  and 


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— 41  — 


safety  of  employees,  and  to  publish  and  distribute  bulletins  on 
any  phase  of  this  general  subject. 

(2)  To  cause  lectures  to  be  delivered,  illustrated  by  stere- 
opticon  or  other  views,  diagrams  or  pictures,  for  the  informa- 
tion of  employers  and  their  employees  and  the  general  public 
in  regard  to  the  causes  and  prevention  of  industrial  accidents, 
occupational  diseases  and  related  subjects. 

Sec.  66.  Every  order  of  the  commission,  general  or  special, 
its  rules  and  regulations,  findings  and  decisions,  made  and 
entered  under  this  act  shall,  in  every  prosecution  for  the  viola- 
tion thereof  or  for  the  violation  of  any  provision  of  this  act, 
be  conclusively  presumed  to  be  reasonable  and  lawful,  unless, 
prior  to  the  institution  of  the  prosecution  for  such  violation 
or  violations,  proceedings  for  a rehearing  thereon  or  a review 
thereof  shall  have  been  instituted  as  provided  in  sections 
eighty-one  to  eighty-five,  inclusive,  hereof  and  not  then  finally 
determined. 

Sec.  67.  Every  employer,  employee  or  other  person  who, 
either  individually  or  acting  as  an  officer,  agent  or  employee 
of  a corporation  or  other  person,  violates  any  safety  provision 
of  this  act,  or  who  shall  fail  or  refuse  to  perform  any  duty 
lawfully  enjoined,  or  who  fails  to  observe,  obey  or  comply  with 
any  safety  order,  decision,  rule,  direction,  demand  or  require- 
ment, or  any  part  thereof,  lawfully  made  by  the  commission 
under  this  act,  or  within  the  time  prescribed  by  the  commission, 
or  who  procures,  aids  or  abets  another  in  so  doing,  is  guilty  of 
a misdemeanor. 

Sec.  68.  Every  violation  of  the  provisions  of  this  act  or  of 
any  order,  decision,  rule,  direction,  demand  or  requirement 
of  the  commission,  or  of  any  part  or  portion  thereof  by  any 
person  or  corporation  is  a separate  and  distinct  offense,  and, 
in  the  case  of  a continuing  violation  thereof,  each  day’s  con- 
tinuance thereof  shall  constitute  a separate  and  distinct  offense. 

Sec.  69.  All  fines  imposed  and  collected  under  prosecutions 
for  violations  of  the  provisions  of  sections  fifty-one  to  seventy- 
two  inclusive  of  this  act,  shall  be  paid  into  the  state  treasury  to 


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— 42  — 


the  credit  of  the  “accident  prevention  fund,”  which  fund  is 
hereby  created. 

Sec.  70.  It  shall  be  unlawful  for  any  member  of  the  com- 
mission, or  for  any  officer  or  employee  of  the  commission,  to 
divulge  to  any  person  not  connected  with  the  administration 
of  this  act  any  confidential  information  obtained  from  any 
person,  concerning  the  failure  of  any  other  person  to  keep  any 
place  of  employment  safe,  or  concerning  the  violation  of  any 
order,  rule  or  regulation  issued  by  the  commission.  Any 
member  of  the  commission  or  any  officer  or  employee  of  the 
commission  divulging  such  confidential  information  shall  be 
guilty  of  a misdemeanor. 

Sec.  71.  (a)  Every  employer  of  labor,  and  every  insur- 

ance carrier,  is  hereby  required  to  file  with  the  commission, 
under  such  rules  and  regulations  as  the  commission  may  from 
time  to  time  make,  a full  and  complete  report  of  every  accident 
to  an  employee  arising  out  of  or  in  the  course  of  his  employ- 
ment and  resulting  in  loss  of  life  or  injury  to  such  person. 
Such  reports  shall  be  furnished  to  the  commission  in  such  form 
and  such  detail  as  the  commission  shall  from  time  to  time 
prescribe,  and  shall  make  specified  answers  to  all  questions 
required  by  the  commission  under  its  rules  and  regulations. 
Any  such  employer  or  insurance  carrier  who  shall  furnish  such 
report  shall  be  exempt  from  furnishing  any  similar  report  or 
reports  authorized  or  required  under  the  laws  of  this  state. 

(h)  Every  employer  or  insurance  carrier  receiving  from  the 
commission  any  blanks  with  directions  to  fill  the  same  shall 
cause  the  same  to  be  properly  filled  out  so  as  to  answer  fully 
and  correctly  each  question  propounded  therein;  in  case  he 
or  it  is  unable  to  answer  any  such  question  a good  and  suffi- 
cient reason  shall  be  given  for  such  failure. 

(c)  No  information  furnished  to  the  commission  by  an 
employer  or  an  insurance  carrier  shall  be  open  to  public  inspec- 
tion or  made  public  except  on  order  of  the  commission,  or  by 
the  commission  or  a commissioner  in  the  court  of  a hearing  or 
proceeding.  Any  officer  or  employee  of  the  commission  who, 


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in  violation  of  the  provisions  of  this  subsection,  divulges  any 
information  shall  be  guilty  of  a misdemeanor. 

Sec.  72  (a)  The  commission  shall  investigate  the  cause  of 
all  industrial  accidents  occuring  within  this  state  in  any  em- 
ployment or  place  of  employment,  or  directly  or  indirectly 
arising  from  or  connected  with  the  maintenance  or  operation 
of  such  employment  or  place  of  employment,  resulting  in 
personal  injury  or  death  and  requiring,  in  the  judgment  of 
the  commission,  such  investigation;  and  the  commission  shall 
have  the  power  to  make  such  orders  or  recommendations  with 
respect  to  such  accidents  as  may  be  just  and  reasonable,  pro- 
vided that  neither  the  order  nor  the  recommendation  of  the 
commission,  nor  any  accident  report  filed  with  the  commission, 
shall  be  admitted  as  evidence  in  any  action  for  damages  or 
any  proceeding  to  recover  compensation,  based  on  or  arising 
out  of  such  injury  or  death. 

(6)  For  the  purpose  of  making  any  investigation  which 
the  commission  is  authorized  to  make  under  the  provisions  of 
this  section,  or  for  the  purpose  of  collecting  statistics  or  exam- 
ining the  provisions  made  for  the  safety  of  employees,  any 
member  of  the  commission,  inspector  or  other  person  desig- 
nated by  the  commission  for  that  purpose,  may  enter  any 
place  of  employment. 

(c)  Any  employer,  insurance  carrier  or  any  other  person 
who  shall  violate  or  omit  to  comply  with  any  of  the  provisions 
of  this  section,  or  who  shall  in  any  way  obstruct  or  hamper 
the  commission,  any  commissioner  or  other  person  conducting 
any  investigation  authorized  to  be  undertaken  or  made  by  the 
commission,  shall  be.  guilty  of  a misdemeanor. 

Sec.  73.  (a)  All  proceedings  for  the  recovery  of  compen- 

sation, or  arising  out  of  or  incidental  thereto,  or  for  the 
enforcement  against  the  employer  or  an  insurance  carrier  of 
any  liability  for  compensation  imposed  upon  him  or  it  by 
this  act  in  favor  of  the  injured  employee,  his  dependents  or 
any  third  person,  or  for  the  determination  of  any  question 
as  to  the  distribution  of  compensation  among  dependents  or 
other  persons  as  to  who  are  dependents  of  any  deceased  em- 


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ployee,  or  what  persons  are  entitled  to  any  benefit  under  the 
compensation  provisions  of  this  act,  or  for  obtaining  any 
order  which  by  this  act  the  commission  is  authorized  to  make, 
shall  be  instituted  before  the  commission,  and  not  elsewhere, 
except  as  otherwise  in  this  act  provided,  and  the  commission 
is  hereby  vested  with  full  power,  authority  and  jurisdiction 
to  try  and  finally  determine  all  such  matters,  subject  only  to 
the  review  by  the  courts  in  this  act  specified  and  in  the  man- 
ner and  within  the  time  in  this  act  provided. 

(6)  All  orders,  rules  and  regulations,  findings,  decisions 
and  awards  of  the  commission  in  conformity  with  law  shall 
be  in  force  and  shall  be  prima  facie  lawful;  and  all  such  v 
orders,  rules  and  regulations,  findings,  decisions  and  awards 
shall  be  conclusively  presumed  to  be  reasonable  and  lawful, 
until  and  unless  they  are  modified  or  set  aside  by  the  com- 
mission or  upon  a review  by  the  courts  in  this  act  specified 
and  within  the  time  and  in  the  manner  herein  specified. 

Sec.  74  ( a ) Any  notice,  order  or  decision  required  by 

this  act  to  be  served  upon  any  person  or  party  either  before, 
during  or  after  the  institution  of  any  proceeding  before  the 
commisison,  may  be  served  in  the  manner  provided  by  chapter 
V,  title  XIV  of  part  II  of  the  Code  of  Civil  Procedure  of 
this  state,  unless  otherwise  directed  by  the  commission  or  a 
member  thereof,  in  which  event  the  same  shall  be  served  in 
accordance  with  the  order  or  direction  of  said  commission  or 
member  thereof. 

(&)  Any  such  notice,  order  or  decision  affecting  the  state  or 
any  city  and  county,  city,  school  district  or  public  corporation 
therein,  shall  be  served  upon  the  same  officer,  officers,  person  or 
persons,  upon  whom  the  service  of  similar  notices,  orders  or 
decisions  is  authorized  by  law.  f 

Sec.  75.  The  commission  shall  have  full  power  and  author- 
ity: 

1.  To  adopt  reasonable  and  proper  rules  of  practice  and  pro- 
cedure ; 

2.  To  regulate  and  provide  the  manner,  and  by  whom,  minors 


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and  incompetent  persons  shall  appear  and  be  represented  be- 
fore it; 

3.  To  appoint  a trustee  or  guardian  ad  litem  to  appear  for 
and  represent  any  such  minor  or  incompetent  upon  such  terms 
and  conditions  as  it  may  deem  proper ; 

4.  To  provide  for  the  joinder  in  the  same  proceeding  of  all 
persons  interested  therein,  whether  as  employer,  insurance  car- 
rier, employee,  dependent,  creditor  or  otherwise ; 

5.  To  regulate  and  prescribe  the  kind  and  character  of 
notices,  where  not  otherwise  prescribed  by  this  act,  and  the 
service  thereof ; 

6.  To  regulate  and  prescribe  the  nature  and  extent  of  the 
proofs  and  evidence. 

Sec.  76.  (a)  The  commission  may  by  order  entered  upon 

its  minutes,  upon  the  agreement  of  the  parties,  upon  the  appli- 
cation of  either,  or  of  its  own  motion,  and  either  with  or  without 
notice,  direct  and  order  a reference  in  the  following  cases : 

1.  To  try  any  or  all  of  the  issues  in  any  proceeding  before 
it.  whether  of  fact  or  of  law,  and  to  report  a finding,  order, 
decision  or  award  to  be  based  thereon. 

2.  To  ascertain  a fact  necessary  to  enable  the  commission  to 
determine  any  proceeding  before  it  or  to  make  any  order,  deci- 
sion or  award  that  the  commission  is  authorized  to  make  under 
this  act,  or  that  is  necessary  for  the  information  of  the  com- 
mission. 

(6)  The  commission  may  appoint  one  or  more  referees  in  any 
proceeding,  as  it  may  deem  necessary  or  advisable,  and  may 
refer  separate  matters  arising  out  of  the  same  proceeding  to 
different  referees.  It  may  also,  in  its  discretion,  appoint  gen- 
eral referees  who  are  residents  of  the  county  or  city  and  county 
for  which  they  are  appointed  and  who  shall  hold  office  during 
the  pleasure  of  the  commission.  Any  referee  appointed  by  the 
commission  shall  have  such  powers,  jurisdiction  and  authority 
as  is  granted  under  the  law,  by  the  order  of  appointment  and 
by  the  rules  of  the  commission  and  shall  receive  such  salary 
or  compensation  for  his  services  as  may  be  fixed  by  the  com- 
mission. 


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(c)  Any  party  to  the  proceeding  may  object  to  the  appoint- 
ment of  any  person  as  referee  upon  any  one  or  more  of  the 
grounds  specified  in  Section  641  of  the  Code  of  Civil  Procedure 
and  such  objection  must  be  heard  and  disposed  of  by  the  com- 
mission. Affidavits  may  be  read  and  witnesses  examined  as  to 
such  objections. 

(d)  Before  entering  upon  his  duties,  the  referee  must  be 
sworn  before  an  officer  authorized  to  administer  oaths,  faith- 
fully and  fairly  to  hear  and  determine  the  allegations  and  evi- 
dence of  the  parties  in  relation  to  the  matters  in  the  reference, 
and  to  make  just  findings  and  report  according  to  his  under- 
standing. 

( e ) The  referee  must  report  his  findings  in  writing  to  the 
commission  within  twenty  days  after  the  testimony  is  closed. 
Such  report  shall  be  made  in  the  form  prescribed  by  the  com- 
mission and  shall  include  all  matters  required  to  be  included  in 
the  order  of  reference  or  by  the  rules  of  the  commission.  The 
facts  found  and  conclusion  of  law  must  be  separately  stated. 

(/*)  Upon  the  filing  of  the  report  of  the  referee,  the  commis- 
sion may  confirm,  adopt,  modify  or  set  aside  the  same  or  any 
part  thereof  and  may,  either  with  or  without  further  proceed- 
ings, and  either  with  or  without  notice,  enter  its  order,  findings, 
decision  or  award  based  in  whole  or  in  part  upon  the  report  of 
the  referee. 

Sec.  77.  (a)  All  hearings  and  investigations  before  the 

commission  or  any  member  thereof,  or  any  referee  appointed 
thereby,  shall  be  governed  by  this  act  and  by  the  rules  of  prac- 
tice and  procedure  adopted  by  the  commission,  and  in  the  con- 
duct thereof  neither  the  commission  nor  any  member  thereof 
nor  any  referee  appointed  thereby  shall  be  bound  by  the  tech- 
nical rules  of  evidence.  No  informality  in  any  proceeding  or 
in  the  manner  of  taking  testimony  shall  invalidate  any  order, 
decision,  award,  rule  or  regulation  made,  approved  or  con- 
firmed by  the  commission. 

(b)  The  commission  or  any  member  thereof  or  any  party  to 
the  action  or  proceeding  may,  in  any  investigation  or  hearing 
before  the  commission,  cause  the  deposition  of  witnesses  resid- 


— 47  — 


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1 ing  within  or  without  the  state  to  be  taken  in  the  manner  pre- 

2 scribed  by  law  for  like  depositions  in  civil  actions  in  the  supe- 

3 rior  courts  of  this  state,  and  to  that  end  may  compel  the  attend- 
1 ance  of  witnesses  and  the  production  of  books,  documents, 

5 papers  and  accounts. 

6 Sec.  78.  The  commission  and  each  member  thereof,  its  sec- 

7 retary  and  referees,  shall  have  power  to  administer  oaths,  cer- 

8 tify  to  all  official  acts,  and  to  issue  subpoenas  for  the  attendance 

9 of  witnesses  and  the  production  of  papers,  books,  accounts, 

10  documents  and  testimony  in  any  inquiry,  investigation,  hear- 

11  ing  or  proceeding  in  any  part  of  the  state.  Each  witness  who 

12  shall  appear,  by  order  of  the  commission  or  a member  thereof, 

13  or  a referee  appointed  thereby,  shall  be  entitled  to  receive,  if 
11  demanded,  for  his  attendance  the  same  fees  and  mileage 

15  allowed  by  law  to  a witness  in  civil  cases,  which  amount  shall 

16  be  paid  by  the  party  at  whose  request  such  witness  is  sub- 

17  poenaed,  unless  otherwise  ordered  by  the  commission.  When 
16  any  witness  who  has  not  been  required  to  attend  at  the  request 

19  of  any  party  is  subpoenaed  by  the  commission  his  fees  and  mile- 

20  age  may  be  paid  from  the  funds  appropriated  for  the  use  of 

21  the  commission  in  the  same  manner  as  other  expenses  of  the 

22  commission  are  paid.  Any  witness  subpoenaed,  except  one 

23  whose  fees  and  mileage  may  be  paid  from  the  funds  of  the 
21  commission,  may,  at  the  time  of  service,  demand  the  fee  to 

25  which  he  is  entitled  for  travel  to  and  from  the  place  at  which 

26  he  is  required  to  appear,  and  one  day’s  attendance.  If  such 

27  witness  demands  such  fees  at  the  time  of  service,  and  they  are 
26  not  at  that  time  paid  or  tendered,  he  shall  not  be  required  to 
29  attend  before  the  commission,  member  thereof,  or  referee  as 
36  directed  in  the  subpoena.  All  fees  or  mileage  to  which  any  wit- 

31  ness  is  entitled  under  the  provisions  of  this  section  may  be 

32  collected  by  action  therefor  instituted  by  the  person  to  whom 

33  such  fees  are  payable. 

34  Sec.  79.  The  superior  court  in  and  for  the  county,  or  city 

35  and  county,  in  which  any  inquiry,  investigation,  hearing  or 

36  proceeding  may  be  held  by  the  commission  or  any  member 

37  thereof  or  referee  appointed  thereby,  shall  have  the  power  to 


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compel  the  attendance  of  witnesses,  the  giving  of  testimony 
and  the  production  of  papers,  including  books,  accounts  and 
documents,  as  required  by  any  subpoena  issued  by  the  commis- 
sion or  member  thereof  or  referee.  ' The  commission  or  the 
member  therof  or  the  referee,  before  whom  the  testimony  is  to 
be  given  or  produced,  in  case  of  the  refusal  of  any  witness  to 
attend  or  testify  or  produce  any  papers  required  by  such 
subpoena,  may  report  to  the  superior  court  in  and  for  the 
county,  or  city  and  county,  in  which  the  proceeding  is  pending, 
by  petition,  setting  forth  that  due  notice  has  been  given  of  the 
time  and  place  of  attendance  of  said  witness,  or  the  production 
of  said  papers,  and  that  the  witness  has  been  subpoenaed  in 
the  manner  prescribed  in  this  act,  and  that  the  witness  has 
failed  and  refused  to  attend  or  produce  the  papers  required 
by  the  subpoena,  or  has  refused  to  answer  questions  propounded 
to  him  in  the  course  of  such  proceeding,  and  ask  an  order  of 
said  court,  compelling  the  witness  to  attend  and  testify  or  pro- 
duce said  papers  before  the  commission.  The  court,  upon  the 
petition  of  the  commission  or  such  member  thereof  or  referee, 
shall  enter  an  order  directing  the  witness  to  appear  before  the 
court  at  a time  and  place  to  be  fixed  by  the  court  in  such  order, 
the  time  to  be  not  more  than  ten  days  from  the  date  of  the 
order,  and  then  and  there  show  cause  why  he  had  not  attended 
and  testified  or  produced  said  papers  before  the  commission, 
member  thereof  or  referee.  A copy  of  said  order  shall  be 
served  upon  said  witness.  If  it  shall  appear  to  the  court  that 
said  subpoena  was  regularly  issued  by  the  commission  or  mem- 
ber thereof  or  referee,  the  court  shall  thereupon  enter  an  order 
that  said  witness  appear  before  the  commission  or  member 
thereof  or  referee  at  the  time  and  place  fixed  in  said  order,  and 
testify  or  produce  the  required  papers,  and  upon  failure  to 
obey  said  order,  said  witness  shall  be  dealt  with  as  for  contempt 
of  court.  The  remedy  provided  in  this  subsection  is  cumula- 
tive, and  shall  not  be  construed  to  impair  or  interfere  with  the 
power  of  the  commission  or  a member  thereof  to  enforce  the 
attendance  of  witnesses  and  the  production  of  papers,  and  to 


— 49  — 


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1 punish  for  contempt  in  the  same  manner  and  to  the  same  extent 

2 as  courts  of  record. 

3 Sec.  80.  ( a ) The  commission  is  hereby  vested  with  full 

4 power,  authority  and  jurisdiction  to  do  and  perform  any  and 

5 all  things,  whether  herein  specifically  designated,  or  in 

6 addition  thereto,  which  are  necessary  or  convenient  in  the 

7 exercise  of  any  power,  authority  or  jurisdiction  conferred 

8 upon  it  under  this  act. 

9 (5)  The  commission  and  each  member  thereof  shall  have 

10  power  to  issue  writs  of  summons,  warrants  of  attachment, 

11  warrants  of  commitment  and  all  necessary  process  in  proceed- 

12  ings  for  contempt,  in  like  manner  and  to  the  same  extent  as 

13  courts  of  record.  The  process  issued  by  the  commission  or 

14  any  member  thereof  shall  extend  to  all  parts  of  the  state  and 

15  may  be  served  by  any  persons  authorized  to  serve  process  of 

16  courts  of  record,  or  by  any  persons  designated  for  that  pur- 

17  pose  by  the  commission  or  any  member  thereof.  The  persons 

18  executing  any  such  process  shall  receive  such  compensation 

19  as  may  be  allowed  by  the  commission,  not  to  exceed  the  fees 

20  now  prescribed  by  law  for  similar  services,  and  such  fees  shall 

21  be  paid  in  the  same  manner  as  provided  herein  for  the  fees  of 

22  witnesses. 

23  Sec.  81.  (a)  Any  party  or  person  aggrieved  directly  or 

24  indirectly  by  any  final  order,  decision,  award,  rule  or  regula- 

25  tion  of  the  commission,  made  or  entered  under  any  provision 

26  contained  in  this  act,  may  apply  to  the  commission  for  a 

27  rehearing  in  respect  to  any  matters  determined  or  covered  by 

28  such  final  order,  decision,  award,  rule  or  regulation  and 

29  specified  in  the  application  for  rehearing  within  the  time  and 

30  in  the  manner  hereinafter  specified,  and  not  otherwise. 

31  (b)  No  cause  of  action  arising  out  of  any  such  final  order, 

32  decision  or  award  shall  accrue  in  any  court  to  any  person 

33  until  and  unless  such  persons  shall  have  made  application  for 

34  such  rehearing,  and  such  application  shall  have  been  granted 

35  or  denied;  provided,  that  nothing  herein  contained  shall  be 

36  construed  to  prevent  the  enforcement  of  any  such  final  order, 


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decision,  award,  rule  or  regulation  in  the  manner  provided  in 
this  act. 

(c)  Such  application  shall  set  forth  specifically  and  in  full 
detail  the  grounds  upon  which  the  applicant  considers  said 
final  order,  decision,  award,  rule  or  regulation  is  unjust  or 
unlawful,  and  every  issue  to  be  considered  by  the  commission 
upon  such  application  must  be  verified  upon  oath  in  the  same 
manner  as  required  for  verified  pleadings  in  the  courts  of 
record  and  must  contain  a general  statement  of  any  evidence 
or  other  matters  upon  which  the , applicant  relies  in  support 
thereof.  The  applicant  for  such  rehearing  shall  be  deemed  to 
have  finally  waived  all  objections,  irregularities  and  illegalities 
concerning  the  matter  upon  which  such  rehearing  is  sought 
other  than  those  set  forth  in  the  application  for  such  rehearing. 

(d)  A copy  of  such  application  for  rehearing  shall  be 
served  forthwith  on  all  adverse  parties,  if  any,  and  any  such 
adverse  party  may  file  an  answer  thereto  within  ten  days 
thereafter.  Such  answer  must  likewise  be  verified.  If  there 
are  no  adverse  parties,  such  application  may  be  heard  ex  parte 
or  the  commission  may  require  the  application  for  rehearing 
to  be  served  on  such  parties  as  may  be  designated  by  it. 

( e ) Upon  filing  of  an  application  for  a rehearing,  if  the 
issues  raised  thereby  have  theretofore  been  adequately  con- 
sidered by  the  commission,  it  may  determine  the  same  by 
confirming  without  hearing  its  previous  determination,  or  if 
a rehearing  is  necessary  to  determine  the  issues  raised,  the 
commission  shall  order  a rehearing  thereon  and  consider  and 
determine  the  matter  or  matters  raised  by  such  application. 

Notice  of  the  time  and  place  of  such  rehearing  shall  be  given 
to  the  applicant  or  adverse  parties  and  to  such  other  persons 

as  the  commission  may  order.  ( 

( f ) If  after  such  rehearing  and  a consideration  of  all  the 
facts,  including  those  arising  since  the  making  of  the  order. 

; ' 

decision  or  award  involved,  the  commission  shall  be  of  the 
opinion  that  the  original  order,  decision  or  award  or  any  part 
thereof,  is  in  any  respect  unjust  or  unwarranted,  or  should  be 
changed,  the  commission  may  abrogate,  change  or  modify  the 


— 51  — 


i 


4 


J 


1 same.  An  order,  decision  or  award  made  after  such  rehear- 

2 ing,  abrogating,  changing  or  modifying  the  original  order, 

3 decision  or  award  shall  have  the  same  force  and  effect  as  an 

4 original  order,  decision  or  award,  but  shall  not  affect  any 

5 right  or  the  enforcement  of  any  right  arising  from  or  by 

6 virtue  of  the  original  order,  decision  or  award,  unless  so 

7 ordered  by  the  commission.  An  application  for  a rehearing 

8 shall  be  deemed  to  have  been  denied  by  the  commission  unless 

9 it  shall  have  been  acted  upon  within  thirty  days  from  the  date 

10  of  filing. 

11  Sec.  82  (a)  At  any  time  within  twenty  days  after  the  serv- 

12  ice  of  any  final  order  or  decision  of  the  commission  awarding  or 

13  denying  compensation,  or  arising  out  of  or  incidental  thereto, 

14  any  party  or  parties  aggrieved  thereby  may  apply  for  such 

15  rehearing  upon  one  or  more  of  the  following  grounds  and  upon 

16  no  other  grounds: 

17  1.  That  the  commission  acted  without  or  in  excess  of  its 

18  powers. 

19  2.  That  the  order,  decision  or  award  was  procured  by  fraud. 

20  3.  That  the  evidence  does  not  justify  the  finding  of  fact. 

21  4.  That  the  findings  of  fact  do  not  support  the  order,  deci- 

22  sion  or  award. 

23  (&)  Nothing  contained  in  this  section  shall,  however,  be  con- 

24  strued  to  limit  the  right  of  the  commission,  at  any  time  within 

25  245  weeks  from  the  date  of  its  award,  and  from  time  to  time, 

26  after  due  notice  and  upon  the  application  of  any  party  inter- 

27  ested,  to  review,  diminish  or  increase,  within  the  limits  provided 
26  by  this  act,  any  compensation  awarded  upon  the  grounds  that 
29  the  disability  of  the  person  in  whose  favor  such  award  was 
69  made  has  either  increased  or  diminished  or  terminated. 

61  Sec.  83.  (a)  At  any  time  within  twenty  days  after  the 

32  service  of  any  other  final  order,  decision,  rule  or  regulation 
63  made  by  the  commission  under  the  provisions  of  this  act,  any 

34  party  or  parties,  person  or  persons  aggrieved  thereby  or  other- 

35  wise  affected,  directly  or  indirectly,  may  apply  for  such  rehear- 
66  ing  upon  one  or  more  of  the  following  grounds  and  upon  no 
37  other  grounds. 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 


52 


1.  That  the  commission  acted  without  or  in  excess  of  its 
powers. 

2.  That  the  order  or  decision  was  procured  by  fraud. 

3.  That  the  order,  decision,  rule  or  regulation  is  unreason- 
able. 

4.  If  findings  of  fact  are  made,  that  the  evidence  does  not 
justify  such  findings  of  fact. 

5.  If  findings  of  fact  are  made,  that  such  findings  of  fact  do 
not  support  the  order  or  decision  based  thereon. 

(b)  Nothing  contained  in  this  section  shall  be  construed  to 
limit  the  right  of  the  commission,  to  at  any  time  and  from  time 
to  time,  adopt  new  or  different  rules  or  regulations  or  new  or 
different  standards  of  safety,  or  to  abrogate,  change  or  modify 
any  existing  rule,  regulation,  or  standard,  or  any  part  thereof, 
or  to  deprive  the  commission  of  continuing  jurisdiction  over  the 
same  or  to  prevent  the  enforcement  in  the  manner  provided  bv 
this  act,  of  any  rules,  regulations  or  standard  of  the  commis- 
sion, or  any  part  thereof,  when  so  adopted,  or  changed,  or 
modified. 

Sec.  84.  ( a ) Within  thirty  days  after  the  application  for  a 

rehearing  is  denied,  or,  if  the  application  is  granted,  within 
thirty  days  after  the  rendition  of  the  decision  on  the  rehearing, 
any  party  affected  thereby  may  apply  to  the  supreme  court  of 
this  state  or  to  the  district  court  of  appeal  of  the  appellate 
district  in  which  such  person  resides,  for  a writ  of  certiorari  or 
review  (hereinafter  referred  to  as  a writ  of  review)  for  the 
purpose  of  having  the  lawfulness  of  the  original  order,  decision 
or  award  or  the  order,  decision  or  award  on  rehearing  inquired 
into  and  determined. 

(b)  Such  writ  shall  be  made  returnable  not  later  than  thirty 
days  after  the  date  of  the  issuance  thereof,  and  shall  direct  the 
commission  to  certify  its  record  in  the  case  to  the  court.  On  the 
return  day  the  cause  shall  be  heard  in  the  court  unless  for  good  ^ 

cause  the  same  be  continued.  No  new  or  additional  evidence 
may  be  introduced  in  such  court  but  the  cause  shall  be  heard 
on  the  record  of  the  commission  as  certified  to  by  it.  The 


— 53  — 


i 


V 


1 review  shall  not  be  extended  further  than  to  determine  whether 

2 or  not : 

3 1.  The  commission  acted  without  or  in  excess  of  its  powers. 

4 2.  The  order,  decision  or  award  was  procured  by  fraud. 

5 3.  The  order,  decision,  rule  or  regulation  is  unreasonable. 

6 4.  If  findings  of  fact  are  made,  whether  or  not  such  findings 

I of  fact  support  the  order,  decision  or  award  under  review. 

8 (c)  The  findings  and  conclusions  of  the  commission  on  ques- 

9 tions  of  fact  shall  be  conclusive  and  final  and  shall  not  be 

10  subject  to  review ; such  questions  of  fact  shall  include  ultimate 

11  facts  and  the  findings  and  conclusions  of  the  commission.  The 

12  commission  and  each  party  to  the  action  or  proceeding  before 

13  the  commission  shall  have  the  right  to  appear  in  the  review 

14  proceeding.  Upon  hearing  the  court  shall  enter  judgment 

15  either  affirming  or  setting  aside  the  order,  decision  or  award. 

10  (<2)  The  provisions  of  the  Code  of  Civil  Procedure  of  this 

11  state  relating  to  writs  of  review  shall,  so  far  as  applicable  and 

18  not  in  conflict  with  this  act,  apply  to  proceedings  in  the  court 

19  under  the  provisions  of  this  section.  No  court  of  this  state 

20  (except  the  supreme  court  and  the  district  courts  of  appeal  to 

21  the  extent  herein  specified)  shall  have  jurisdiction  to  review, 

22  reverse,  correct  or  annul  any  order,  decision  or  award  of  the 

23  commission  or  to  suspend  or  delay  the  operation  or  execution 

24  thereof,  or  to  restrain,  enjoin  or  interfere  with  the  commission 

25  in  the  performance  of  its  duties ; provided,  that  a writ  of  man- 

26  damus  shall  lie  from  the  supreme  court  or  the  district  courts 
21  of  appeal  in  all  proper  cases. 

28  Sec.  85.  (a)  The  filing  of  an  application  for  a rehearing 

29  shall  have  the  effect  of  suspending  the  order,  decision,  award, 

30  rule  or  regulation  affected,  in  so  far  as  the  same  applies 

31  to  the  parties  to  such  application,  unless  otherwise  ordered  by 

32  the  commission,  for  a period  of  ten  days,  and  the  commission 

33  may,  in  its  discretion  and  upon  such  terms  and  conditions  as 

34  it  may  by  order  direct,  stay,  suspend  or  postpone  the  same 

35  during  the  pendency  of  such  rehearing. 

36  ( b ) The  filing  of  an  application  for,  or  the  pendency  of  a 
3^  writ  of  review,  shall  not  of  itself  stay  or  suspend  the  operation 


— 54  — 


1 of  the  order,  decision,  award,  rule  or  regulation  of  the  commis- 

2 sion  subject  to  review,  but  the  court  before  whom  such  appli- 

3 cation  is  filed  may,  in  its  discretion,  stay  or  suspend  in  whole 

4 or  in  part  the  operation  of  the  order,  decision,  award,  rule  or 

5 regulation  of  the  commission  subject  to  the  review  upon  such 

6 terms  and  conditions  as  it  may  by  order  direct. 

7 Sec.  86.  (a)  "Whenever  this  act,  or  any  part  or  section 

8 thereof,  is  interpreted  by  a court,  it  shall  be  liberally  con- 

9 strued  by  such  court. 

10  (b)  If  any  section,  subsection,  subdivision,  sentence,  clause 

11  or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitu- 

12  tional,  such  decision  shall  not  affect  the  validity  of  the  remain- 

13  ing  portions  of  this  act.  The  legislature  hereby  declares  that 

14  it  would  have  passed  this  act,  and  each  section,  subsection, 

15  subdivision,  sentence,  clause  and  phrase  thereof,  irrespective 

16  of  the  fact  that  any  one  or  more  sections,  subsections,  sub- 

17  divison,  sentences,  clauses  or  phrases  is  declared  unconstitu- 

18  tional. 

19  (c)  This  act  shall  not  be  construed  to  apply  to  employers 

20  or  employments  which,  according  to  law,  are  so  engaged  in 

21  interstate  commerce  as  to  be  not  subject  to  the  legislative 

22  power  of  the  state  nor  to  employees  injured  while  they  are 

23  so  engaged,  except  in  so  far  as  this  act  be  permitted  to  apply 

24  under  the  provisions  of  the  Constitution  of  the  United  States 

25  or  the  acts  of  congress. 

26  Sec.  87.  The  commission  shall,  not  later  thsm  the  first  day 

27  of  December  of  each  calendar  year,  subsequent  to  the  year 

28  1913,  make  a report  to  the  governor  of  the  state  covering  its 

29  entire  operations  and  proceedings  for  the  previous  fiscal  year, 

89  with  such  suggestions  or  recommendations  as  it  may  deem  of 

81  value  for  public  information.  Such  report  shall  be  printed 

32  and  a copy  thereof  furnished  to  all  applicants  within  this 

33  state. 

34  Sec.  88.  The  sum  of  four  hundred  twelve  thousand,  one 

35  hundred  thirty  dollars  is  hereby  appropriated  out  of  any 

36  money  in  the  state  treasury,  not  otherwise  appropriated,  to 

37  be  used  by  the  industrial  accident  commission  in  carrying  out 


1 

2 

3 

4 

5 

6 

7 

8 

I 9 
10 

11 

* 12 


— 55  — 

the  purposes  of  this  act,  and  the  controller  is  hereby  directed 
to  draw  his  warrant  on  the  general  fund  from  time  to  time 
in  favor  of  said  industrial  accident  commission  for  the 
amounts  expended  under  its  direction,  and  the  treasurer  is 
hereby  authorized  and  directed  to  pay  the  same. 

Sec.  89.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed. 

Sec.  90.  The  compensation  provisions  of  this  act  shall  not 
apply  to  any  injury  sustained  prior  to  the  taking  effect 
thereof. 

Sec.  91.  This  act  shall  take  effect  and  be  in  force  on  and 
after  the  first  day  of  September,  A.  D.  1913. 


